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HomeMy WebLinkAboutHF&H CONSULTANTS, LLCINSURANCE NOT ON FILE A-2018-134 WORK MAY NOT PROCEE CLERK OF COUNCIL DATE: AGREEMENT FOR SOLID WASTE CONSULTING SERVICES MAY 3 0 2818 VvTIVS AGREEMENT is made and entered into this 1 Sth day of May, 2018 by and between HF&H Consultants, LLC ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On January 22, 2018, the City issued Request for Proposal No. 18-006, by which it sought a consultant to provide solid waste consulting services. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 18-006 and addenda thereto. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field, NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the teens and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work that was included in RFP No. 18-006, including addenda thereto, and as more specifically delineated in Consultant's proposal, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $220,800, This sum is comprised of (1) the base amount of $184,000 and (2) a 20% contingency in the amount of $36,800 for additional services at the City's sole discretion. In. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. Page 1 of 8 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2020, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for up to one (1) year upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRATOR Consultant shall, during the entire tern of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 8 INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Page 3 of 8 consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. £ If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant farther agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. Page 4 of 8 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All.such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) Page 5 of 8 P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: Laith Ezzet, Senior Vice President — CMC 19200 Von Karman Avenue, Suite 360 Irvine, CA 92612 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. Hi the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. Page 6 of 8 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, pennits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Page 7 of 8 Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn, b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement, IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR RAUL GOD1NT1:7 1- : Clerk of the Council City Manager APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: KiuiM.unk Assistant City Attorney RECOMMENDED FOR APPROVAL Edwin "William" Galvez, P.E. Acting Executive Director Public Works Agency CONSULTANT Zaine: cs-r i0 Title: 501,0- ✓icersetrc(Yr7' CONSULTANT Name:/ 64 dll -IAt Title: 1�1/itsaL Eivi Page 8 of 8 EXHIBIT A 19200 Von Karman Avenue, Suite 360 Irvine, California 92612 Telephone; 949/251-8628 Fax:949/251-9741 www.hfh-consultants.com April 4, 2018 Ms. Christy Kindig Project Manager Public Works Agency City of Santa Ana 20 Civic Center Plaza; 41h Floor Reception, Ross Annex Santa Ana, California 92701 Managing Tomorrow's Resources Today Robert D. Hilton, CMC John W. Farnkopf, PE Laith B. Ezzet, CMC Richard J. Simonson, CMC Marva M. Sheehan, CPA Robert C. Hilton, CMC Re: Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO: 18-006 Dear Ms. Kindig: HF&H Consultants, LLC (HF&H) is pleased to submit this proposal to the City of Santa Ana (City) to provide solid waste consulting assistance. For almost 30 years HF&H has provided tailored solid waste and recycling services to local governments. We believe that HF&H brings the following qualifications and benefits to the City: 1. We are an industry recognized thought -leader in environmental strategic planning, goal setting, policy development and program implementation. For decades HF&H has brought innovative and pragmatic solid waste and recycling plans to the communities we serve. Our pioneer role in the zero -waste planning field, assisting communities such as the cities of San Diego, Santa Monica, and Livermore, and the County of San Diego, has provided us with an unmatched menu of services and programs, as well as unrivaled implementation experience. This range of experience allows us to develop both short and long-term goals that meet the specific needs of our client with a realistic understanding of impacts on costs and diversion. 2. We provide the technical expertise to analyze proposed services and rate impacts to verify that program costs and customer rates are competitive while also providing measurable benefits to the community they serve. HF&H has pioneered the development of a benchmarking method to compare the complete schedule of solid waste rates on a consistent basis among jurisdictions that have similar services. We also have a multitude of databases and financial models that allow us to assess cost impacts and diversion potential of significant individual programs to assist our clients in selecting which programs provide the most benefit to their communities. 3. We identify the individual needs of our clients. At HF&H we partner with key stakeholders, including City Council, City staff, residents, and other applicable parties, in order to set measurable, achievable goals which meet the needs of the community and achieve regulatory compliance while minimizing the financial impact to ratepayers. Again our experience has helped us develop a vast array of facilitation methods, including online surveys, webinars, live streams, and council workshops. Our staff includes SWANA and CRRA certified zero waste instructors. Managing Tomorrow's Resources Today Ms. Christy Kindig April 4, 2018 Page 2 of 3 4. Our significant local experience provides us with an understanding of the contracting arrangements and regional and State issues facing all Orange County cities. HF&H has been assisting Orange County cities with their solid waste needs for the past twenty-five years. Our Orange County clients have included: • City of Aliso Viejo • City of Anaheim • Costa Mesa Sanitary District • City of Dana Point • City of Fullerton • City of Garden Grove • City of Irvine • City of Laguna Niguel • City of La Habra • City of Lake Forest • City of La Palma • City of Mission Viejo • City of Newport Beach • City of Orange • County of Orange • City of Placentia • City of Rancho Santa Margarita • City of San Clemente • City of San Juan Capistrano • City of Santa Ana • City of Tustin • City of Yorba Linda 5. We are experts in the procurement and negotiation of solid waste services agreements, having assisted more than 100 California jurisdictions with the development of RFPs and agreements, evaluation of proposals, and negotiation of solid waste services agreements for refuse, recycling and organics collection, material processing services, and disposal. In some of our competitive procurements, costs to the ratepayers have been reduced by as much as 41 %. 6. HF&H Guides a structured process with high integrity that can withstand scrutiny from the public, elected officials, and proposers. The key to a successful contracting experience is a smooth, well managed process. As described in some of our client testimonial letters, city staff and elected officials have appreciated our guidance and successful results. 7. HF&H does not provide solid waste consulting services to waste haulers in order to avoid conflicts of interest that may arise in firms that attempt to serve public agencies and haulers. We believe this independence is particularly important for objective proposal evaluation and effective negotiations during the procurement of a solid waste services agreement. Additionally, our municipal focus ensures that we are aware of the unique requirements of public officials. 8. We are well acquainted with the solid waste rates, services, and programs implemented throughout Southern California as a result of our previous projects and on- going surveys of 200 cities in the counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego and Ventura. We understand current trends in the local solid waste industry and we are familiar with the capabilities of the potential proposers. 9. The engagement will be managed from our Irvine office, making our staff readily available to participate in project meetings in a cost-effective manner. rrow's Resources Today Ms. Christy Kindig April 4, 2018 Page 3 of 3 Thank you for the opportunity to provide you with this information. We look forward to an opportunity to meet with you and the appropriate City staff and learn how we might best assist the City. If you have any questions, please contact me at (949)251-8902, lezzetan fh- consultants.com, or Debbie Morris at (949) 251-1106, dmorrisnahfh-consultants com. Very truly yours, HF&H CONSULTANTS, LLC Leith Ezzet, CMC Senior Vice President City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 TABLE OF CONTENTS STATEMENT OF QUALIFICATIONS............................................................................. I Section A: Agreement Statement...........................................................................1 Section B: Firm and Team Experience...................................................................1 FirmSize........................................................................................................................ 1 LongTerm Success........................................................................................................ 1 ProjectTeam.................................................................................................................. 1 Section C: Project Understanding...........................................................................9 Section D: Relevant Project Experience and References.....................................17 Unsurpassed Experience - HF&H Procurement Results................................................17 HF&H Southern California Office Contracting Experience with Waste Management ...... 18 Representative Projects and References.......................................................................18 SCOPE OF SERVICES AND SCHEDULE...................................................................26 Competitive Procurement Schedule......................................................................... 27 ATTACHMENTS Attachment A: Client Testimonial Letters Attachment B: HF&H Client List Attachment C: City of Livermore Zero Waste Plan Attachment D: HF&H Southern California Competitive Procurement Savings to Ratepayers April 4, 2018 Page i I-IF&H Consultants, LLC This page intentionally left blank City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 STATEMENT OF QUALIFICATIONS Section A: Agreement Statement HF&H concurs with all provisions contained in the City's standard agreement Section B: Firm and Team Experience HF&H team members Laith Ezzet and Debbie Morris have worked together at HF&H for over 25 years, a consistency that we believe no local competitor can match. As a firm, we offer even more support. Our HF&H team is organized into two practices: solid waste management services and water/wastewater/stormwater management services. Our staff includes Recycling and Sustainability experts, Certified Public Accountants, Certified Management Consultants, and Registered Professional Engineers. Many of our team members possess advanced degrees, professional certifications, and have had a decade or more of government and/or solid waste industry experience prior to becoming consultants. They are leaders in such organizations as the California Resource Recovery Association, the Solid Waste Association of North America, and the Municipal Section of the American Institute of Certified Public Accountants. 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. Firm Size HF&H employs eighteen permanent consultants and two administrative personnel. Long Term Success HF&H has been in business for over 25 years. During that time we have consistently provided our clients the highest level of service. Through more than 1,900 engagements we have served more than 400 municipal agencies. Some important measures of our clients' satisfaction are: • In independent client satisfaction surveys, 100% of respondents have said they would use HF&H again and would recommend us to other municipal agencies. • 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. • We have received numerous testimonials regarding the quality and effectiveness of our work. Please reference Attachment A for a sample of client testimonials. Project Team The project team was selected based on their areas of expertise to assist the City in achieving its vision. Our project staff has unparalleled expertise in the following areas: April 4, 2018 Page 1 HF&H Consultants, LL.0 City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 • Competitive procurement and renegotiation of solid waste services contracts, including RFP preparation, proposal evaluation, and negotiation support; • Rate analysis, cost of service studies, and negotiation of solid waste rates; • Public meetings for City Councils and Boards of Supervisors; • Stakeholder workshops for local community groups; and • Planning, implementing, and monitoring solid waste and diversion programs. Competitive Procurement Engagement Organization Chart Rob Hilton, CMC President Tracy Swanborn, PE Senior Project Manager Engagement Advisors Engagement %: 15% Laith Ezzet, CMC Senior Vice President Primary Contact/ Project Director Engagement %: 25% Debbie Morris Senior Project Manager Secondary Contact/ Project Manager Engagement %: 35% Philip Mainolfi Senior Associate Project Analyst Engagement %: 25% April 4, 2018 Page 2 HF&H Consultants, LLC City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 Laith Ezzet, CIVIC°, Senior Vice President Project Director Mr. Ezzet is a Certified Management Consultant and Senior Vice President of our Southern California solid waste consulting practice. Mr. Ezzet has 30 years of experience as an economist and solid waste consultant and has assisted over 100 public agencies to plan, implement, and monitor their recycling, organics, and solid waste collection, processing, and disposal programs. During the course of these engagements, he has presented to or participated in more than 200 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, for over 20 years, has served as a Director of the Southern California Founding Chapter of the Solid Waste Association of North America. Procurement Experience Mr. Ezzet has managed numerous procurement engagements for recycling, organics, and solid waste services contracts, including RFP preparation, proposal evaluation, and negotiation support. Examples of clients for whom he has helped to obtain new recycling, organics, and solid waste services contracts include the cities of Anaheim, Beverly Hills, Bellflower, Cerritos, Dana Point, Diamond Bar, Hermosa Beach, Huntington Park, Imperial Beach, Indian Wells, Inglewood, Lake Forest, Lawndale, Long Beach, Manhattan Beach, Mission Viejo, Newport Beach, Norwalk, Orange, Palm Desert, Palmdale, Pico Rivera, Rancho Palos Verdes, Rancho Cucamonga, Rancho Santa Margarita, Redondo Beach, Riverside, Santa Clarita, Tustin, West Hollywood, and other. He has negotiated recycling, organics, and solid waste agreements with a total value in excess of $2 billion. The competitive collection procurements managed by Mr. Ezzet have a total value in excess of $1 billion, and he has saved public agencies more than $200 million, with some agencies saving up to 40%. The majority of the procurement and franchise agreements engagements directed by Laith include organics collection and processing services and rate setting for organics. In addition, Laith has designed RFP and contract provisions that require or incentivize organics recycling including diversion performance standards and technical assistance programs for businesses and multi -family accounts. In the case of jurisdictions, such as Whittier and Diamond Bar, that currently do not offer food scraps collection for single-family customers, Laith negotiated provisions in the franchise agreements to include food scraps collection when required by regulations and pre -negotiated the cost/rate impact for these services. Solid Waste Rate Studies and Audits Mr. Ezzet has provided expert solid waste advice to over 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 Anaheim, Arcadia, Bellflower, Beverly Hills, Burbank, Chandler, Covina, Dana Point, Downey, El Monte, Fullerton, Glendale, Hermosa Beach, 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, Santa Monica, Torrance, and April 4, 2018 Page 3 HF&H Consultants, LLC City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 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' Diversion Programs and Contract Management Mr. Ezzet has helped more than 30 public agencies to monitor and 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 assisted the City of Los Angeles in evaluating the feasibility of achieving its 70% diversion plan. He has assisted agencies to manage their solid waste collection and recycling contracts, including the cities of Bell Gardens, El Monte, Huntington Park, Inglewood, Irvine, Lawndale, La Quinta, Newport Beach, and others. He has assisted numerous agencies to plan, negotiate and/or evaluate organics recycling programs to comply with AB 1826, including the cities of Anaheim, Aliso Viejo, Inglewood, Lawndale, Norwalk, Palmdale, and the counties of Santa Barbara and San Bernardino. 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. Rob Hilton, CMC°, President Engagement Advisor Since 2002, Rob Hilton has provided recycling and solid waste consulting services to public agencies in projects covering a wide range of strategic, operational, programmatic, contractual, and financial issues. Mr. Hilton's background in public policy and administration and his involvement in over more than 300 projects for more than 110 agencies, primarily in California, gives him an understanding of the diverse conditions within the industry as well as the local market context that shapes each client's unique needs. Rob will serve as an Engagement Advisor for this project. Diversion Studies/Zero Waste Planning Rob also leads HF&H's zero waste/high diversion planning team in support of clients who are looking to improve their materials management performance through policy, program, facility, economic, and/or behavior change efforts. Rob has assisted forward -thinking and leading - edge "Zero Waste" communities like San Jose, Fresno, San Diego, Berkeley, Santa Monica, and Oakland with plans and system/program designs to help them make the next steps in their achievement of their unique vision for a zero waste future. Every one of these plans has included significant cost and diversion analysis of options for recovering organics from the disposal stream and providing approaches to funding the system. April 4, 2018 Page 4 FIF&H Consultants, LLC City of Santa Ana Proposal to Provide Solid_ Waste Consulting Services RFP NO.: 18-006 In addition, Mr. Hilton has presented several papers to industry organizations on the subject of how to develop sustainable funding strategies that support a zero waste system. These papers are the result of research and projects conducted by HF&H on behalf of clients like the Alameda County Waste Management Authority, Monterey Regional Waste Management District, Kern County, the City of San Diego, and Sonoma County; all of whom have high diversion goals but fund their programs largely off of landfill disposal Funding Strategies for High Diversion/Zero Waste Mr. Hilton has lead Statewide efforts to create a new, sustainable business model for recycling and waste services that assures more financial stability for both ratepayers and service providers, while maintaining the service provider and generator incentives required to achieve higher levels of diversion. Working with leading service -provider public agencies like Santa Monica, Santa Cruz County, San Diego, and the Monterey Regional Waste Management District, Rob has created contextually appropriate strategies for de -leveraging waste -based funding sources, diversifying funding sources, creating Proposition 218/26 compliant funding sources, and ultimately providing greater stability for both ratepayers and service providers. In addition to work with public agency service providers, Rob has worked with other high -diversion and zero waste communities like Fresno, RecycleMore, and StopWaste.Org to create sustainable franchise compensation and rate models that encourage high levels of customer participation and diversion. In the past several years, developing funding for organics facilities has been a key feature of funding strategies that HF&H has prepared for several clients including the Counties of Santa Cruz and San Diego and the City of Oceanside. On January 1, 2018, the County of Santa Cruz will begin the first SIB 1383 fee in the State, providing over $800,000 per year in funding for the development and operation of a County -owned organics processing facility. Procurement and Contract Negotiations Mr. Hilton leads HF&H's contracting team in support of more than a dozen communities each year who are either competitively procuring or negotiating solid waste collection, processing, and/or disposal contracts. Rob specializes in working with large and multi jurisdictional agencies like the City of Fresno and the Monterey Regional Waste Management District through their more complex and publicly -scrutinized procurement processes. He has also excelled in serving smaller communities like the Old Sacramento Historic District and the Golden Hills Community Services District, which have very unique service conditions and requirements. Mr. Hilton has served as either HF&H's Engagement Director or Manger on more than 60 contractor procurement and negotiations projects. Through these projects, he has managed evaluation of hundreds of cost proposals from companies providing organics collection and processing services and crafted RFP policies and franchise agreements that include provisions requiring organics collection and processing and/or promote development of infrastructure. These procurement projects and franchise negotiations also include development of rate structures, many of which he has designed to provide incentives for organics program participation. April 4, 2018 Page 5 HF&H Consultants, LLC City of Santa Ana Prosal to Provide Solid Waste Consultin Services RFP NO.: 18-006 Debbie Morris, Senior Project Manager Project Manager Debbie Morris will substitute as the City's primary contact in the event that Mr. Ezzet is unavailable. Ms. Morris is a Certified Management Consultant and Senior Project Manager in our Southern California solid waste consulting practice. Ms. Morris has specialized in consulting to government clients on solid waste issues for more than 25 years. Ms. Morris' experience includes assistance with diversion studies, zero waste planning, AB 939, AB 341, AB 1826 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, illegal dumping/bulky item abatement program development, and construction and demolition debris ordinance preparation and monitoring. Solid Waste Legislative Compliance Ms. Morris' legislative compliance experience includes AB 939, AS 341, AB 1826 and AB 1594 compliance strategic planning, annual report preparation, base -year adjustments, requests to use alternate adjustment factors, and disposal reconciliations. Jurisdictions assisted by Ms. Morris were able to document a significantly improved diversion rate (from three to 20 percentage points) and none of these jurisdictions have received a compliance order from CalRecycle. Ms. Morris has assisted her clients in preparing for the Mandatory Commercial Recycling Regulation included in Assembly Bill 341. This assistance has included gathering current commercial refuse and recycling service level data from the cities' haulers, documenting the number of accounts covered under the regulation, calculating the current level of compliance and appropriate recycling service fees, and developing public education and outreach materials. Ms. Morris is currently assisting jurisdictions in complying with the requirements of AB 1826. This assistance has included developing public education and outreach, determining affected businesses, reviewing and negotiating proposed rates and contract amendments, and gathering and presenting data to CalRecycle. High-Diversion/Zero Waste Planning Ms. Morris has assisted her clients in the development of strategic plans to achieve their high diversion or zero waste goals. 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. April 4, 2018 Page 6 HF&H Consultants, LLC City of Santa Ana Pr2p2sal to Provide Solid Waste Consulting Services RFP NO.: 18-006 Ms. Morris has assisted the cities of Santa Monica and Beverly Hills in the development of their zero waste plans. This assistance has included benchmarking existing programs, identifying areas for improvement, estimating existing and proposed program diversion potential and cost, and presentations and meetings with stakeholders and city councils. Construction and Demolition Diversion Ms. Morris' construction and demolition debris diversion program experience has included ordinance development, California Green Building Code compliance assistance, stakeholder meetings, council representation, staff training, public outreach and education, and program administration and monitoring. Additionally, Ms. Morris assists her clients by updating their ordinances and diversion documentation to comply with the CalGreen three year updates. Ms. Morris has developed a program to assist jurisdictions in implementing a construction and demolition debris diversion program from conceptual development through Ms. Morris also assists the jurisdiction with staff program training and assistance, develops a public education and outreach program, and monitors the success of the program. Tracy Swanborn, P.E., Senior Manager Engagement Advisor Tracy Swanborn, a Senior Manager with HF&H, has more than 27 yeai of solid waste and recycling consulting experience assisting municip, agencies. She received a civil engineering degree and is a registers professional engineer. Her expertise is in planning recyclin{ composting, and landfill diversion programs and policies; collectioi transfer, processing and disposal services procurement; contra) development; and negotiations. Tracy will serve as an engagemei advisor on this project. High-Diversion/Zero Waste Planning Ms. Swanborn has extensive experience preparing high diversion plans and program assessments, conducting program cost and rate comparison benchmarking analyses, and providing recycling program assistance. As an HF&H project manager, she has recently finished up a year -long High Diversion/Zero Waste Plan project for the County of San Diego. This project involved assessment of current conditions; development of a menu of program and policy options; analysis of cost, diversion, and greenhouse gas impacts for short-listed programs; formation of recommendations; and preparation of a Strategic Plan. This work included a cost/benefit analysis of numerous organics waste reduction programs focused on SB 1383 compliance including food waste prevention and food donation programs. Additionally, she recently completed a cost/benefit analysis for the City of San Ramon that includes evaluation of several organics reduction programs such as organics collection for all multi -family properties, mandatory recycling and organics ordinance and enforcement, wet/dry collection, and mixed materials processing. Tracy is currently managing development of the City of Elk Grove 20-Year Long -Range Strategic Plan that will be designed to include programs and policies to meet SB 1383 requirements. As part of the Elk Grove project, she evaluated the cost impacts and diversion potential of organics collection and processing April 4, 2018 Page 7 HF&H Consultants, LLC City of Santa Ana Proposal to Provide Solid Waste Consultin Services RFP NO.: 18-006 programs and will be developing a funding strategy for new programs. In addition, she is currently managing an SIB 1383 planning project for RecycleSmart (also known as the Central Contra Costa Solid Waste Authority) that will include estimates of organics collection and processing program infrastructure and operating costs for new programs to meet SB 1383 requirements. Ms. Swanborn managed the preparation of the City of Livermore's initial High Diversion Strategic Plan, which mapped out a strategy for 75% diversion and identified the best use of grant funding available for the diversion efforts. She also led the diversion and cost analysis efforts for the Mountain View Zero Waste Plan and the Milpitas Solid Waste Master Plan. In 2010, Ms. Swanborn's diversion planning efforts were focused on managing the development of San Leandro's High Diversion Plan. The efforts included an extensive review and analysis of program options and development of an Action Plan that provided a roadmap to take the City all the way to its 75% diversion goal and beyond in support of the City's Climate Action Plan. Procurement Experience Tracy has managed or significantly supported over 45 franchise procurement processes and contract negotiations that have focused on achieving high diversion and zero waste objectives. Through these procurement projects and contract negotiations, she has designed RFP and franchise terms and conditions designed to increase recycling and organics diversion results for jurisdictions. These engagements also included management of the evaluation of the diversion and cost impacts of recycling and organics collection and processing services and evaluation and development of rate structures and rates for recycling, organics, and solid waste services. Example procurement and contract projects Tracy has managed include: RethinkWaste's sole source franchise negotiations; Santa Cruz County's franchise procurement process; RecycleSmart's collection, processing, and disposal procurement process; the City of San Jose's commercial redesign project and procurement; Palo Alto's collection and processing procurement; and, others. Philip Mainolfi, Senior Associate Project Analyst Mr. Mainolfi brings over 10 years of prior financial, accounting, and process automation experience, as well as 5 years of diverse experience in the recycling and solid waste industry. While working for a large southern California collection and processing company, he spent three years managing recycling and solid waste contract compliance for 46 municipalities and government agencies, developing financial models, automating financial reporting processes, designing and developing management reporting tools, and managing external audits. Mr. Mainolfi received invaluable insight into hauler operations, zero waste planning, and public outreach. Mr. Mainolfi has assisted cities in the areas of rate analysis and negotiating organics recycling service rates. He has conducted survey commercial organic collection services and rates in the region, offering him an inimitable understanding of implemented and proposed local service rates and programs and how they impact participation. His analysis of local rates has also included surveying facility gate rates and providing independent pricing strategy consistent with the cost of service. April 4, 2018 Page 8 HF&H Consultants, LLC City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 High-Diversion/Zero Waste Planning Mr. Mainolfi has provided zero waste planning and implementation support for the County of San Diego. His contributions included profiling zero waste systems including the City of San Diego, and the City of Oakland. Mr. Mainolfi is a CRRA and SWANA certified zero waste practitioner who is currently finalizing certification requirements for training zero waste courses on behalf of these organizations. Program Costing and Diversion Impacts Mr. Mainolfi has assisted in the development of HF&H's proprietary cost benefit model which evaluates the estimated costs and diversion potential of various programs as they apply to particular communities. Recently he assisted Central Contra Costa Solid Waste Authority in evaluating the costs and diversion impacts associated with implementing various organics programs to achieve compliance with anticipated SB 1383 legislation. Mr. Mainolfi has also assisted the County of Orange in estimating costs impacts of diverting organic materials through composting and anaerobic digestion. Section Cc Understanding of Need Understanding of Scope of Work The City of Santa Ana's exclusive franchise agreement with Waste Management of Orange County for the collection and handling of solid waste generated within the City expires on June 30, 2020. The City is seeking the assistance of a qualified consulting firm to complete the following tasks: • Review City's Source Reduction and Recycling Element (SRRE), Household Hazardous Waste Element, and Non -Disposal Facilities Element • Review applicable laws related to solid waste, including the City's Integrated Waste Management Ordinance and Municipal Code • Participate in at least three City Council workshops and five City Council meetings • Collect community data on solid waste service levels through one or two surveys, questionnaires, and a minimum of five meetings with homeowners and/or business representatives • Facilitate the development of the Cities green policy and goals • Develop new service specifications based on the set of policies and goals to achieve compliance with all legislative mandates and maintain or improve existing service levels • Develop a request for proposals for the City of Santa Ana Solid Waste Management Services and a sample agreement, including up to three revisions of each document. RFP to establish requirements for a baseline program based on achieving compliance with state mandates, maintaining existing, and new specified service levels. Additionally, a menu of potential innovative and/or green service options, such as Zero Waste programming, shall be provided with the cost being identified individually and separate from the baseline proposal. • Assist in evaluation of proposals and firms April 4, 2018 Page 9 HF&H Consultants, LLC City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 • Participate in up to five negotiation sessions with selected contractor(s) • Prepare final franchise agreement , including up to three revisions Special Concerns HF&H desires to ensure a smooth and successful RFP process that can withstand challenges from unsuccessful proposers. For example, a recent RFP process in the City of Whittier managed by another consultant was challenged and the City rescinded the award. HF&H was subsequently retained in Whittier and tasked with negotiating new franchise agreements with two contractors. HF&H RFP processes have not been successfully challenged during over 30 competitive processes conducted by our Southern California office. One important feature of our process is to have the City Council adopt process integrity guidelines limiting proposer contact to specific City -designated representatives during the proposal evaluation period. We also confirm in writing any unclear terms in the proposals and provide proposers an opportunity to confirm the accuracy of our representation of their proposal before finalizing the evaluation report. This helps to avoid misunderstandings or challenges later in the process. Anticipated Approach TASK 1: Facilitate Development of City's Green Policy and Goals Relative to Solid Waste and Recycling Subtask 1A: Review Background Documents/Consult with City HF&H will meet with City Staff to further solicit input on their current understanding of the City's goals and obtain relevant documents for review. After consultation with City Staff, HF&H will review the existing Source Reduction and Recycling Element (SRRE), Household Hazardous Waste Element, Non -Disposal Facilities Element, and applicable laws related to solid waste, including the City's Integrated Waste Management Ordinance and Municipal Code, as prescribed. In addition we will review the current franchise agreement, tonnage and diversion reporting, recommendations to staff from previous consultants, and other relevant documents that we may obtain from the City in order to supplement our current understanding of the City's existing solid waste programs and service arrangements. Realizing the Council's desire for a paradigm shift toward innovative environmental programs, our focus during the review of these documents will be a qualitative review of pros and cons under the current system with an emphasis on potential enhancements and options for consideration by the City. HF&H will then prepare a discussion document for our kickoff workshop with the City Council that will include our understanding of trends in the solid waste industry, examples of policies implemented in other jurisdictions, and key resolutions that will affect the development of the City's green policy and goals. At this meeting HF&H will engage the City Council to further understand concerns, priorities or other relevant information that will help shape the City's environmental future. Our meeting document will facilitate an informed discussion of solid waste and recycling, including the latest trends in the industry, existing and upcoming relevant regulatory requirements, and other important developments, and, most importantly, how these items may impact the City and its solid waste contracting needs. It is important the City have a realistic understanding of not only what is changing in the industry in general, but what is specifically available now and in the relevant future to the City of Santa Ana. April 4, 2018 Page 10 HF&H Consultants, LLC City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 Subtask 113: Public Workshops and Meetings The City has requested attendance at up to five community meetings, which may include meetings with residents and stakeholders; we believe that it is imperative to engage these groups early in the process in order to understand their perspective and incorporate their priorities in the City's policy and goals. We will develop a strategy for meeting with various groups and finalize our strategy with City Staff prior to implementation. We will prepare a standard meeting agenda and presentation for these meetings, and provide meeting summaries for each meeting. Examples include the following: • Public Meetings. Public meetings are an effective forum for attracting the most invested members of the community. These meetings provide a great opportunity to engage a wide cross- section of parties that are effected. • Engaging with business and apartment associations. Attending business, apartment association, and trade group and association meetings to seek input can be more effective than inviting stakeholders to public meetin s b th g be ese associations draw their constituents together at their regularly scheduled meetings. During the City's policy planning process, we may use a graphic meeting facilitation method developed by The Grove Consultants International (The Grove). If desired by the City, we can use this technique for one or more meetings depending on the number of participants. The Groves' methods and Vision Planning SystemsTM toolset with are useful in engaging stakeholders and organizing feedback. This approach would involve us facilitating a meeting where participants work together to complete one of The Groves' large-scale (4' by 8') wall graphic templates such as the "Context Map" to work through and document local conditions and context for the Plan; or the "Cover Story' to brainstorm about how the Study will be ultimately presented to the Council and public. These large-scale "maps" will be reduced to 11" by 17" format and can be used to brief others regarding the Plan and to serve as a reference throughout the development of the Plan. An example Big Wave Vision map prepared for the City of San Diego is provided here. It is also important to note that we have several other methodologies for facilitating meetings, should the City desire a different approach; a representative sample of these methodologies are included below in the section labeled "HF&H Experience with Stakeholder Engagement and Outreach." Subtask 1C: Community Survey The City indicated an interest in surveying the community. During our initial meeting with City Council in Task 1, we will discuss an outreach plan, including groups to be targeted with the public workshops. At that time, we will discuss if and how surveys may play a role in the City's outreach. April 4, 2018 Page 11 HF&H Consultants, LLC C of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 Properly worded and targeted questions are key to a successful survey. We have collected questionnaires completed at community meetings, as well as soliciting survey responses by mail or telephone polling, from cities including Inglewood, Lawndale, Newport Beach, Rancho Palos Verdes and Palm Springs. We have obtained response rates on mailings of up to 30%. Subtask 1D: City Council Workshop HF&H will lead up to three workshops with the City Council to communicate findings obtained during Subtasks 1A through I and confirm Council priorities and issues. These meeting will serve as a forum for HF&H to introduce options for consideration for the City's green policy and goals while simultaneously receiving further input and feedback from the City Council. Subtask 1E: Create Memorandum Outlining Green Policy and Goals Based on City Council direction, HF&H will prepare a concise memorandum outlining recommended policies and goals. This memorandum will assist in facilitation of the RFP process by providing a concise summation of the City's goals as well as recommended steps toward achieving these goals. Specific program costs will be obtained during the RFP process. Subtask 1F: Attend City Council Meeting HF&H will attend a City Council meeting where we anticipate that the City Council will vote on implementation of the green policy and goals. Optional Subtask 1G: Develop Comprehensive Zero Waste Operations Strategic Plan As an alternative to developing the memorandum in Subtask D, HF&H will prepare a comprehensive strategic zero waste operations plan that includes: (i) background and context for selection of the recommended programs/policies that will support the City in achieving its diversion goals, (ii) a road map for implementing the programs/policies in terms of the timeline and funding methods, and (ill) serves as a resource for all stakeholders. We envision that the Plan will summarize the findings of the preceding tasks and will document the following items: • Current baseline conditions and programs/policies • The process for analyzing enhancements to the current system and for identifying and analyzing new programs and policies • The full Menu of options from which a short-list of options will be selected • Summary of the stakeholder/community participation process (including an attachment that documents comments received on the Draft Plan) • Implementation of the road map laying out a phased implementation approach and the timing thereof • Planning level cost impacts for significant programs ranked as low, medium and high cost impacts The Livermore High Diversion Plan is provided as a work sample in Attachment C. TASK 2: Provide Programming Recommendations to City Council Subtask 2A: Develop Program Recommendations HF&H will develop a list of programming recommendations to be included in the RFP based on the City's green policy and goals, as well as the input received during community meetings. April 4, 2018 Page 12 HF&H Consultants, LLC City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 Subtask 2B: Present Findings to City Council We will present our findings to the City Council for the Council to prioritize programs for inclusion in the RFP process. The City has expressed a desire to issue the RFP with required services as well as optional services, and this council workshop will serve as the ideal forum for deciding which programs to include under each category. Based on our industry experience and proprietary databases we are able to identify the programs that will have a significant impact on costs or waste diversion verses those that will have only minor impacts. Subtask 2C: Update Program Selection Based on Council Direction HF&H will update the list of programming recommendations based on input from City Council obtained during Subtask 2B. Task 3 Prepare and Issue Request for Proposals Subtask 3A: Gather and Review Operating Data We will collect available data regarding the current services provided. We will prepare data collection forms to assist the City and/or contractor in providing additional information in a user- friendly format. It has been our experience that when proposers are confident about the accuracy of operating data contained in the RFP, they propose lower rates and include fewer contingency costs. Collecting data in this manner also may uncover additional issues, such as poor reporting or low program participation that will help shape the future policies, goals, and RFP. We will review the data gathered for overall reasonableness. Subtask 3B: Prepare Service Specifications, Draft RFP and Agreement Based on the information and direction received in prior tasks, we will prepare the draft RFP, draft the agreement, and criteria to be used in evaluating the proposals received. If the City desires, HF&H will use our exclusive BRAVO approach. 0 ase Proposal ° equired lternatives s, ® ptional Proposals The BRAVO approach divides services into three categories, base services, required alternatives, and optional proposals. Base services are services that will be required to be provided by the winning bidder should they be awarded the contract. Required alternatives are additional programs that proposers are required to propose on, but the service may not be incorporated by the City if the City determines the benefits outweigh the costs. Finally, the optional proposals allows the proposer to incorporate programs that they believe add value to the City that were not initially included in the RFP scope. April 4, 2018 Page 13 HF&H Consultants, LLC City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 Subtask 3C: Review by the City Attorney and City Staff, Revise RFP and Agreement up to Three Times We will submit the draft RFP and agreement to City staff and the City Attorney for review. After City staff has reviewed the documents and provided us with their written comments, we will confer with City staff and make appropriate revisions to these documents up to three times. The draft agreement are included in the RFP as attachments. The City Attorney is requested to make any changes directly to the documents in a strike -and -replace format. The City Attorney will be responsible for confirming that proposed city fees comply with applicable legal statutes such as Proposition 218 and 26. Subtask 3D: Attend City Council Meeting to Approve RFP Package HF&H will attend one City Council meeting at which the City Council will approve the RFP and draft agreement. We will assist City staff with the preparation and presentation of the RFP process and key contracting terms to be requested. Subtask 3E: Solicit Proposals Once the RFP and draft agreement have been approved by the City Council, they can be distributed to potential proposers. We can provide the City with a recommended list of potential proposers to whom the City may send the RFP. Alternatively, to avoid the time, expense and environmental impact of production and mailing of multiple copies of a large document, we recommend that HF&H or the City e-mail the RFP document to all potential proposers and the local waste haulers' association, and other interested parties. We can provide the City with a list of recipients for City records. By e-mailing the document, proposers are immediately notified of its availability, can immediately review the document to determine their level of interest without having to print it out, and can forward it to the appropriate parties within the firm immediately without having to print extra copies. As we regularly distribute our RFPs this way, we may have all or most of these key individuals already on our e-mail distribution list. Subtask 3F: Prepare for and Conduct Proposers' Conference We will schedule, along with City staff, a proposers' conference to be conducted shortly after release of the RFP. Potential proposers will have an opportunity to receive clarification of any issues and ask questions at this conference. We will also accept written requests for clarification until a set deadline. We recommend that contact between proposers and the City be controlled and will suggest methods to do so, based on City staff and City Council's desired level of interaction with proposers. Subtask 3G: Prepare Addenda We will prepare written responses to questions posed at the proposers' conference, or submitted in writing, and prepare any necessary addenda arising from issues posed at the proposers' conference. All questions and responses shall be made available to all proposers in attendance at the conference. TASK 4: Review and Evaluate Proposals Subtask 4A: Review Proposals for Completeness We will perform an initial review of each proposal submitted for compliance with the City's RFP requirements and consult with City staff regarding the handling of incomplete proposals. April 4, 2018 Page 14 HF&H Consultants, LLC City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 Subtask 4B: Evaluate Complete Proposals The specific criteria for which we evaluate the complete proposals will be developed using input received from City staff and the City Council. Based on our experience in other cities, we anticipate evaluating the proposals based on the following criteria: • Exceptions taken to the terms and conditions of the draft agreements; • Proposed total compensation (rate revenue), based on the rates included in the financial section of the proposal; • Experience of the proposers in providing the requested services in other jurisdictions, based on information contained in their proposals; • Financial resources of the proposers, based on information contained in their proposals; and, • Unique proposal features that exceed the RFP's minimum requirements. Subtask 4C: Evaluate Proposed Rates and Operating Assumptions, Perform Fiscal and Rate Analysis We will evaluate the proposed rates and rate revenue, supporting costs, number of route hours, diversion plans and other submitted operating assumptions for reasonableness. We will review each proposers' fiscal stability based on key financial ratios, ability to provide required insurance and performance sureties, and the financial impact of the growth necessary to assume servicing these contracts. We will present the overall impact of the proposed rate revenue on the City and its rate payers, as well as noting the impact to rate payers at common service levels. It is important not to focus on just a few low rate categories, without determining whether other customers will be similarly impacted. Subtask 4D: Prepare Follow -Up Questions for Proposers After performing our initial review and evaluation, we will provide each proposer with our summary evaluation of the company's individual proposal in order to confirm our understanding of the information presented in the proposal. Subtask 4E: Review Responses and Clarify Unresolved Issues We will review responses received from proposers and resolve any open issues to help ensure that proposers are satisfied with the representation of their proposals. Subtask 4F: Interview Proposers At this stage in the process, usually one, two, or three proposals are more likely to be selected. Along with the City's evaluation team, we will interview up to three proposers, scheduling all interviews on one day. April 4, 2018 Page 15 HF&H Consultants, LLC City of Sanha Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 Subtask 4G: Contact References for Recommended Proposer We will contact references provided for the proposer to be recommended to the City Council for award of the agreement. We will summarize the results of the reference checks within the evaluation report. Subtask 4H: Prepare Draft Evaluation Report All proposals will receive a preliminary evaluation. A detailed evaluation is performed of the one or two proposals that appear to offer the most value for the services and costs proposed. Additionally, we will review the overall reasonableness of the operational and financial assumptions contained in the technical section of the proposals selected for detailed evaluation. After our evaluation is complete, we will provide the City with a report describing the evaluation results. Subtask 4I: Review City Comments and Prepare Final Evaluation Report HF&H will review and incorporate City comments into the evaluation report and provide a final evaluation report. Subtask 4J: Attend City Council Meeting to Select Contractor for Negotiations HF&H will attend one City Council meeting at which the City Council will select the proposer(s) with whom the City would like to negotiate a franchise agreement. TASK 5: Negotiate With Top Ranked Contractors. and Prepare a New Agreement with Selected Contractor for City Council Approval Subtask SA: Prepare for and Participate in Negotiation Sessions HF&H will participate in negotiation sessions with one or more proposers, up to a total of four negotiation meetings. The fee estimate includes costs for up to four negotiation sessions. The City may prefer to negotiate with multiple proposers at this time, as multiple proposals may appear attractive prior to finalizing the agreement. Proposers are most cooperative when they are still in competition. After finalizing negotiations, we would then assist the City's evaluation team in its determination of a final selection. If the City desires to negotiate further with the final selection, we would assist in those negotiations as well. Subtask 5B: Prepare Revised Portions of Agreement Based on the negotiations, we will make up to three sets of revisions to the final agreement negotiated with the selected proposer. The City can then make a decision based on clearly defined contract terms, verses general promises often made in proposals and during negotiations. Also, at award, neither the successful nor unsuccessful proposers can debate what was or was not the final offer to the City. April 4, 2018 page 16 HF&H Consultants, LLC City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 Subtask 5C: Attend one City Council Meeting for Approval of Final Agreement We will attend the City Council meeting at which the final agreement is expected to be approved. The City Attorney or City Clerk will be responsible for obtaining signatures and completing attachments with the contractor such as bonds and insurance certificates. Section D: Relevant Project Experience and References We have included in this section a vignette of our experience, and relevant projects and references. Client testimonial letters are included as Attachment A at the end of our proposal while a list of clients is included as Attachment B. - Unsurpassed Experience - HF&H Recent Procurement Results The following chart presents 23 competitive contracting engagements completed in the last 5 years, and the results of those engagements. HF&H assisted these clients to enhance their solid waste services, obtain the lowest reasonable rates, and plan for their future solid waste management needs. In addition to these 23 procurements, HF&H has conducted several other procurements in the last 20 years out of our Southern California office with a cumulative $220 million savings to ratepayers (see Attachment D); most of these engagements also included enhanced services, reimbursement of all of the city's contacting costs, and/or increased City revenue. HF&H Summary of Procurement Results in the Last 5 Years Nevada County 2018 In -progress Castro Valley Sanitary District 2017 In -progress San Ramon 2017 In -progress Santa Cruz County —Organics Processing 2017 In -progress Town of Truckee (sole source negotiations) 2017 In -progress: Tahoe Truckee Sierra Disposal Pleasanton 2017 In-progress:Pleasan ton Garbage Service Elk Grove (sole source negotiations) 2017 Republic Services Republic Services Milpitas 2017 Milpitas Sanitation Milpitas Sanitation Santa Cruz County - Collection 2017 Green Waste Recovery Green Waste Recovery South Bayside Waste Management Authority (sole source negotiations) 2017 Recology Recology Palmdale Waste Management of Waste Management of 2017 California, Inc. California, Inc. (incumbent) (incumbent) Daly City 2015 Recology Republic Services Oakland Waste Management of 2015 Waste Management of Alameda Co. and Alameda Co. California Waste Solutions Union City — Solid waste and 2015 Republic Services Republic Services April 4, 2018 Page 17 HF&H Consultants, LLC City of Santa Ana______ _ Proposal to Provide Solid Waste Consultinc Services RFP NO.: 18-006 organics franchise (sole source negotiations) Union City— recycling franchise (sole source negotiations) 2015 Tri-CED Tri-CED Huntington Park 2014 United Pacific Waste United Pacific Waste Central Contra Costa Solid Waste Authority 2014 Republic Services Republic Services Hayward (sole source negotiations) 2014 Waste Management of Waste Management of Alameda County Alameda County Sunnyvale MRF/TS—Operations Bay Bay Contract 2014 Counties Waste Counties Waste Services, Inc. Services, Inc, West Valley Solid Waste Authority West Valley Collection West Valley Collection (sole source negotiations) 2014 and Recycling and Recycling Golden Hills Community Services District 2013 J. Torres Co. J. Torres Co. Monterey Regional Waste Management District 2013 Green Waste Recovery Green Waste Recovery Newport Beach — Residential Only 2013 CR&R Incorporated CR&R Incorporated HF&H Southern California Office Contracting Experience with Waste Management The following table highlights examples of HF&H's experience assisting Southern California jurisdictions in negotiating sole -source and competitively procured contracts with Waste Management as the incumbent service provider. HF&H Contracting Experience with Waste Management as Incumbent Service Provider Diamond Bar Renegotiation Ranchos Palos Verdes Competitive Inglewood Renegotiation and Competitive La Quinta Renegotiation Manhattan Beach Renegotiation and Competitive Mission Viejo Competitive Orange Renegotiation and Competitive Palm Desert Competitive Lake Forest Competitive Santa Clarita Competitive Experience with Stakeholder Engagement and Outreach Having assisted numerous agencies with franchising -related projects in recent years, HF&H is very familiar with the questions and comments stakeholders typically have, and sensitivities that must be navigated. HF&H also understands the importance of transparency when facing a system redesign, and therefore appreciates that the City has identified stakeholder outreach as a key element of this project. HF&H has performed this sort of outreach a number of different April 4, 2018 Page 1.8 HF&H Consultants, LLC City of Santa Ana Proposal to Provide Solid Waste Consulting Services UP NO.: 18-006 ways for many communities throughout the State. Depending on factors such as timing and the desired depth and range of outreach, there are trade-offs to consider, and as such, selecting a consultant with significant experience in this area is critical in designing an effective outreach plan. HF&H recognizes that real data from the public can be an invaluable resource in evaluating what franchising options will be best suited for the City. HF&H has performed surveying work for several agencies in recent years, and will build upon what we have learned to solicit, analyze, and report data from businesses and other stakeholders in Santa Ana. When we supported the City of San Jose with its analysis of commercial franchise options and then its transition from a non-exclusive franchise system to an exclusive commercial franchise system, we helped the City plan its public input process; developed a 20-question survey to solicit input from businesses about their recycling needs, service priorities, and cost of service; and, drafted a 70- question survey for the City's 24 non-exclusive haulers to complete regarding the services provided and preferences regarding the future franchise system and policies. In 2014, HF&H used surveying and field assessment strategies to assist the City and County of Sacramento in better understanding how the current system was functioning, particularly how well commercial and multi -family customers were being served, and to aid City and County staff and elected officials in establishing a baseline from which to develop the future of the program. Most recently, in 2016, HF&H used a combination of online surveys and targeted public workshops specifically to engage commercial customers in San Diego County and the Town of Truckee. Nearly all of our outreach project descriptions below provide several examples of projects that highlight our experience engaging stakeholders and providing public outreach. Examples of HF&H Experience with Stakeholder Engagement and Outreach e- City of San Diego • 8 iterative stakeholder meetings Zero Waste Plan City of San Diego • Forming and working with solid waste advisory committee Long -Range Resource Management Plan County of San Diego • Online survey of commercial/residential customers High Diversion/Zero Waste Strategic Plan • 6 public workshops including 1 livestreaming meeting • 1 commercial stakeholder workshop 4 one-on-one hauler meetings and 1 hauler workshop • 5 special interest group meetings City of Los Angeles • 8 stakeholder meetings with business, industry, Hauler Franchise Initiative environmental, and community groups City of San lose • Online survey of commercial customers Commercial Solid Waste System Redesign . Development of a strategy for public meetings • 1 business association workshop • Facilitation of evaluation panel with commercial sector representatives City and County of Sacramento • Online survey of commercial /multi -family customers and Commercial System Review property managers • On -site observations at business/multi-family premises • 5 workshops with businesses, business associations, haulers April 4, 2018 Page 19 I-IF&H Consultants, LLC City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 •Engagement and OutreachMethods CalRecycle and Institute for Local • 3 public workshops Government • 1 webinar High Diversion Rates and Compensation Workshops City of Mountain View • Online survey of commercial and residential customers Zero Waste Planning • 2 public workshops City of Milpitas • Online and phone survey of residential customers Procurement • 8 public meetings and Council workshops Castro Valley Sanitary District • Partnered with District communications and outreach Less -Than -Weekly Refuse Pilot specialist MRWMD • 11 City Council workshops/public meetings Procurement County of Alameda • Survey of residential customers Hauler Regulation System County of Santa Cruz • 4public workshops regarding system design Franchise Procurement Town of Truckee • Online survey of commercial/residential customers New Franchise Procurement . 1 Commercial stakeholder workshop • 1 Town Council workshop • 2 homeowner association meetings County of San Joaquin • 1 hauler workshop Business Planning Assistance Golden Hills Community Services District • 1 Board workshop/Public meeting Competitive Procurement • 1 community workshop (on -site at senior facility) City of Redondo Beach • 13 public outreach meetings Competitive Procurement • Council District meetings Rancho Palos Verdes • Customer surveys Competitive Procurement • Stakeholder meetings City of Los Angeles • Stakeholder meetings Competitive Procurement Representative Projects and References Below is a representative sample of relevant projects completed by HF&H Consultants: City of San Diego Zero Waste Strategic Plan (2012-2014) Client Needs The City of San Diego (City) is an acknowledged leader in the management of solid waste and the municipal provision of service. HF&H completed a long term solid waste options plan for the City's municipal residential collection, non-exclusive franchise commerical colletion, contracted post -collection processing services and municipal disposal services. April 4, 2018 Page 20 Highlights: • Develop zero waste vision statement and implementation • Eight iterative stakeholder meetings utilizing graphic facilitation methodology developed by the Grove Consultants International City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 With the election of a new Mayor, opportunities were created for San Diego to assume a leadership role in Zero Waste. Based on HF&H's knowledge of City operations and costs as well as its experience with Zero Waste planning throughout the State, the City selected HF&H to prepare the City's Zero Waste Plan. The plan has a goal of achieving 75% diversion by 2020 on its way toward Zero Waste in 2040. The City/HF&H team developed a three phase approach to assist the City in realizing their Zero Waste goals: • Assess current progress toward Zero Waste and develop strategies to achieve Zero Waste. • Develop consensus on specific actions to be taken and a sequence and schedule of program implementation. • Implementation and assistance. HF&H Solution The engagement commenced with the development, using graphic meeting facilitation techniques, of a consensus regarding the context, vision of and work plan for developing the Zero Waste plan. HF&H also performed the following key tasks with the City staff and incorporated stakeholder input: • Structuring the data collection and analysis of current conditions to document progress toward Zero Waste. • Surveying 18 leading Zero Waste communities nationwide for best practices. • Preparing a draft Zero Waste vision statement and resolution for approval by City Council. • Developing strategies for achieving Zero Waste. • Assisting in briefings and presentations to the Mayor and Council Members/Council Committee. City of Santa Monica Zero Waste Strategic Plan (2011-12) Client Needs In June 2009, the City of Santa Monica's City Council directed staff to develop a Zero Waste Plan to support and refine Santa Monica's current waste diversion operations. Santa Monica provides municipal solid waste collection services to the residential, multi -family and commercial sectors. Santa Monica is an acknowledged leader in the implementation of environmental programs. Santa Monica 2010 diversion rate was 68%. In 2011, Santa Monica released a competitive RFP to develop a Zero Waste Strategic Plan (Plan) identifying new policies, programs and infrastructure needs to surpass the 70% diversion goal established in their 2010 Sustainable City Plan. The Plan is also intended to reduce GHG emissions while minimizing the financial and environmental costs of the existing solid waste system. Client Reference Ms. Kim Braun (Now with Culver City) (310) 253-6421 Highlights: • Four -phase zero waste plan • Develop alternative policies and programs through stakeholder engagement • Rate structure analysis April 4, 2018 Page 21. HF&H Consultants, LLC City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 Santa Monica selected the team of HDR Engineering and HF&H Consultants to prepare the Plan and to have HF&H tailor its proprietary Zero Waste/High Diversion Financial Model to Santa Monica. The HDR/HF&H team developed a four -phase approach to assist Santa Monica in realizing their Zero Waste goals: • Establish a baseline of Santa Monica's current diversion and disposal programs. • Formulate Santa Monica's Zero Waste guiding principles and establish milestones for achieving diversion goals and other environmental objectives. • Develop, through a stakeholder process, alternatives for Santa Monica's policy, programs and infrastructure. • Develop a financial analysis and rate review model to be incorporated into the Plan. HF&H Solution Financial and Cost Analysis HF&H developed the financial, cost and rate structure analyses. HF&H performed a robust analysis of implementation costs associated with programs selected by Santa Monica staff following initial analysis. HF&H staff used our Zero Waste/High Diversion Financial Model to: calculate current program performance statistics; compare Santa Monica's program performance to other benchmarks; and estimate implementation costs, and diversion goals for selected programs. Rate Structure Analysis HF&H and Santa Monica determined which programs are logical to fund through customer rates and which programs should be funded through other sources. HF&H calculated the percentage impact on customer rates for each of the selected programs, and modeled the rate impacts over the planning horizon in order to prioritize programs and schedule implementation to manage the associated rate impacts. HF&H was subsequently retained by Santa Monica to perform a rate study including an evaluation of the current rate structure and the impact of Zero Waste programs on customer rates under alternative structures.J[PM1] City of Diamond Bar Contract Negotiations (2008 and 2016) Project Description Client Reference Waste Management provides exclusive residential solid waste Mr. Ryan McLean collection services and Valley Vista Services provides exclusive (909) 839-7016 commercial solid waste collection services in the City of Diamond Bar. In 2008, HF&H assisted the City in renegotiating the solid waste collection agreements with Waste Management Engagement Highlights and Valley Vista Services. These agreements include significant new diversion requirements and other contract terms. The City • Minimum hauler of Diamond Bar retained HF&H in 2009 and then again in 2016 diversion requirements to assist in renegotiating with their current haulers. • Implemented organics HF&H Solution program • Mixed waste processing of all bins and roll -offs April 4, 2018 Page 22 HF&H Consultants, LLC Cit�of Santa Ana __ Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 In 2008 and in 2016, HF&H assisted the City of Diamond Bar with the renegotiation and enhancement of their current agreements with Waste Management and Valley Vista Services. Agreement enhancements included: • Mixed waste processing of all bin and roll -off customer waste under the commercial agreement. • Implementation of an organics program in compliance with the requirements of AB 1826, and associated rate adjustments (if applicable); • An updated rate adjustment methodology; • Increased construction and demolition debris diversion requirement; • Development of an attainable hauler -collected diversion requirement; • Requirements for the collection and safe disposal of household hazardous waste material from multi -family residents; and, • Implementation of a City fee to pay for school environmental assemblies and education. City of Whittier Contract Negotiations (2017) Project Description The City of Whittier contracts for exclusive solid waste collection services with Athens Services (Athens) and Republic Services (Republic). The existing interim agreements began July, 2016 and will expire October 31, 2016. Prior to implementation of the interim agreements, the City of Whittier's Public Works Department provided municipal solid waste collection in one exclusive area of the City, and Republic served another exclusive area. Following a competitive RFP process, the City awarded interim agreements to Republic and Athens, with Athens taking over the City's previous service area, and Republic continuing in the area it historically served. The City desired to negotiate new long-term solid waste agreements. HF&H Solution Client Reference Mr. David Schickling i (562)567-9504 Engagement Highlights • Transient encampment clean-up • Porter service for downtown area provided by contractor HF&H worked with City staff and City Council Subcommittee to assist with the development and negotiation of long-term agreements with Athens Services and Republic Services. Agreement enhancements included: • A review of overall level of compensation, as measured by customer rate revenues and net contractor rate revenues; • Revised rate adjustment methodology; • Low emission vehicles; • Transient encampment clean-up; • Collection of bus shelter containers; • Household hazardous waste, composting and donation special events; and, • Refuse disposal requirement to use facility located within City. • Porter service for downtown area provided by contractor. April 4, 2018 Page 23 HF&H Consultants, LI-C City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 City of Newport Beach Competitive Contract Procurement (2013) Project Description City crews provided the City's residential collection services. Per the City's charter, the City may not charge most of its residents for refuse collection. Escalating City costs prompted the City to review many City -provided services. The City operates a transfer station, but only uses approximately half of the available capacity. The City retained HF&H to determine City costs that would be eliminated if the City were to privatize and to evaluate possible savings from outsourcing. We were subsequently retained to conduct a competitive RFP process for solid waste collection. HF&H Solution HF&H determined the City's current costs of operations, and conducted a competitive procurement for services under two collection scenarios: manual single stream collection and automated two -cart collection of refuse and recyclables. HF&H also requested proposals to operate the City's transfer station to generate additional revenue for the City. The City privatized service and awarded a contract to CR&R Waste Services. Client Reference Mr. David Kiff City Manager, Retired Engagement Highlights • $16 million in cost savings • Implementation of automated cart and recycling collection Enhanced services, including HH W collection City of Redondo Beach Competitive Solid Waste Contract Procurement (2011) and Contract Negotiation (in Progress) Project Description Client Reference The City's exclusive residential and commercial solid waste Mr. Jon Emerson, Retired agreement was expiring and the City retained HF&H to conduct a (310) 702-3098 (mobile) competitive procurement process for a new collection agreement. HF&H Solution HF&H assisted the City in conducting 13 public outreach meetings to enable the City Council to decide on future solid waste programs. HF&H drafted an RFP and agreement to address the City's concerns, soliciting long term disposal options and innovative diversion programs. The City received five quality proposals from solid waste companies. HF&H assisted the City in completing agreements with two of the proposers for Council consideration. The contract was awarded to Athens Services. We are currently assisting the City in negotiating an extension to their agreement. Engagement Highlights 13 Public Outreach Meetings • 75% diversion of hauler -collected waste • Residential and Restaurant Food Waste programs • 6% reduction in rates April 4, 2018 Page 24 HF&H Consultants, LLC City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 City of Inglewood Contact Negotiations/ Competitive Solid Waste Contract Procurement and Contract Management (2012 to 2018) Project Description In 2004, the City retained HF&H to negotiate an agreement that lowered rates, fixed residential increases for three years, and limited disposal cost increases. The City again retained HF&H in late 2011 to assist the City in obtaining a new agreement. The City wanted to offer the existing hauler an opportunity to negotiate an agreement, prior to the City seeking competitive proposals. However, time was limited. Client Reference Ms. Angela Williams (310)412-8722 Engagement Highlights • 100% increase in the diversion of hauler - collected waste HF&H Solution • $5 million up -front City HF&H entered negotiations with the current hauler, Waste fee Management, and presented the company's best offer within 60 • Cap on disposal costs days. The City opted to seek competitive proposals. HF&H then and guaranteed immediately drafted and released a Request for Proposals, disposal capacity including a draft agreement, in order to quickly obtain proposals in time for a possible transition prior to expiration of the current LL contract extension. The agreement included requirements to improve diversion and service requirements, while meeting relevant funding needs. The contract was awarded to Republic Services. We were subsequently retained to assist in monitoring of the franchise hauler's performance. City of Palmdale Competitive Solid Waste Contract Procurement (2016-2017) Project Description In 2015, the City elected to not automatically extend the contract with the exclusive residential and commercial solid waste hauler, Waste Management. The existing agreement was also linked to a separate landfill host fee arrangement which would expire concurrently. The City needed a comprehensive, modern agreement tailored to the City's needs. The City also wanted to seek potential development of new solid waste facilities within the City. The City retained HF&H to conduct a competitive procurement process for a new collection agreement and potential partnerships with proposed or existing facilities. HF&H Solution HF&H assisted the City in determining the services and contract terms best suited to the City's needs, drafted a Request for Proposals, including the draft collection agreement, and managed the competitive RFP process, including proposal evaluation and contract negotiations. Client Reference Mr. Ben Lucha (661)267-5308 Highlights • 35% diversion of hauler -collected waste • Soil voucher program • Increase in City funding • New organics processing facility within City • New host fee April 4, 2018 Page 25 HF&H Consultants, LLC City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 Project Results HF&H obtained two competitive proposals with enhanced services and increased City revenue, at a cost that is less than or similar to the current overall cost of services. The costs to the City associated with the procurement were reimbursed by the new contractor. The City obtained new contract terms including a guaranteed 35% diversion rate for hauler -collected solid waste by the fifth year of the contract, soil voucher program, optional residential cart -lock service, expanded bulky item pickup program, and an increase in City revenue of approximately $480,000 per year. The City selected the incumbent hauler, who proposed to build an organics processing facility within the City limits. SCOPE OF SERVICES AND SCHEDULE Available Capacity The HF&H team members outlined in our proposal have the scheduled availability and capacity to complete the described tasks from this proposal within the timeframes listed below. Our firm has a proven track record for completing projects, exceeding expectations, and meeting deadlines. We further certify that we have the expertise, experience and understanding of the time and resources necessary to complete the tasks mentioned herein. April 4, 2018 Page 26 HF&H Consultants, LLC City of Santa Ana Proposal to Provide Solid Waste Consulting Services RFP NO.: 18-006 COMPETITIVE PROCUREMENT SCHEDULE* 1 Initiate project City, HF&H Month 1 2 Review existing documents, identify key service issues and meet with City staff I HF&H I Month 1 3 Define scope of services and gather operating data City, HF&H Month 2 4 Develop Community Meeting plan/schedule City, HF&H Month 2 5 Review hauler operating data HF&H Month 6 Community Outreach and Public Workshops with City Council City, HF&H Months 3-5 7 Prepare memorandum outlining City's green policy and goals HF&H 6 8 Prepare RFP and draft agreement HF&H Months 6-7 9 Seek Input on agreement f rom City staff, Attorney and potential proposers All Month 10 Prepare revised RFP and draft agreement HF&H Month 9 11 Present RFP package to Council for approval, and distribute to proposers - City, HF&H Month 10 12 Conduct pre -proposal conference City, HF&H Month 11 13 Prepare addenda HF&H Month 12 14 Submit proposals Proposers Month 13 15 Evaluate proposals City,: HF&H Months 14-15 16 Contact references and finalize evaluation HF&H Month 16 17 Select contractors for negotiations -City - Month 17 < 18 Conduct negotiations and resolve exceptions to agreement HF&H, City, Months 17-18 _ Proposer(s) 19 Present negotiated agreement to Council for approval Council Month 18 20 Order equipment, distribute educational materials, conduct informational Contractor 6months meetings and prepare for transition 21 Initiate rol [-out of new service Contractor Julv1. 2020 *Assumes start date by July 1, 2018 April 4, 2018 Page 27 HF&H Consultants, LLC CitVof Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 ATTACHMENT A: CLIENT TESTIMONIAL LETTERS April 4, 201.8 Page A-1 HF&H Consultants, LI_C City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 1ME March 29, 2018 To Whom It May Concern: HF&H Consultants has provided recycling and solid waste consulting services to the City of Livermore since 1997 on approximately 40 different projects. Since I joined the City in 2008, 1 have worked With HF&H on a number of those projects, including: + Conducting a competitive RFPprocess in 2008 which resulted in several new programs and program enhancements that have facilitated significant improvements in the City's recycling and organics diversion over the past several years, • Analyzing the impacts on rates, diversion, and service levels resulting from the implementation of a county -wide mandatory recycling and composting ordinance; + A long-range strategic planning effort in 2012 to understand the policies, programs, facilities„ funding, and outreach required to achieve the City's 750/ Diversion Coal; and, • Supporting the City in analysis of some of lire franchise hauler's compensation requests. I work with a number of different consultants on differenttypes of projects and I have been Impressed with the quality of HF&H's team and their work. I have found HF&H staff to be consistently proficient, knowledgeable, and accessible. Their team engages all stakeholders, from City Counciimembers to haulers, in a professional and respectful manner. HF&H staff are always willing to fully explain their findings and propose Innovative solutions. i would highly recommend their services. Sincerely, Judy Erlandson Public Works Manager Public WaAk� Dh,.t...t 5500 RaLTm-r P-1, 8axd • Lmsxavora, CA 94530 or.aitga0>vcernaxc.nec April 4, 2018 Page A-2 FIF&H Consultants, LLC City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP 1 18-006 123 City of Diamond Bar 21810 Copley Drive. Dianwnc Bar, CA 91765.4178 (909) 839.7000. Fax (909) 861.3117 www.09811101idezrMyov February28, 2017 Laith F..zzet, CIVIC Senior Vice President HF&H Consultants, LLC 19200 Von Karman Avenue, Suite 360 Irvine, CA 92612 Dear Laith, On behalf of the City of Diamond Bar, I would like to convey my appreciation to you and the HF&H Team for providing professional and technical expertise during the successful contract negotiations with Waste Management and Valley Vista Services. The negotiations were completed on time, within budget, and ultimately approved by the City Council well in advance of the agreement expiration. The City of Diamond Bar has utilized the services of HF&H on more than one Jimmy Lin occasion, providing the Community with robust services at competitive rates. The fvtayor recent negotiations solidified the work that was performed during the City's last Ruth M. Low negotiating period, but also included some notable enhancements: Mayor Pro Temv r No ratepayer increases for the first year of the amended agreement. Carol Herrera Councff Member > Continued Franchise and AB939 revenues. Additional revenues for street sweeping services. Nancy A. Lyons New Organics programs that comply with AB 1826 requirements. CcunrR Member 3 Continuation of curbside H'.HW and bulky item pickups. Focus on accountability, including reporting and performance audits. Steve Tye Col ncP Member This letter serves not only as a referencefor your professlonalism and high quality of work, but as confirmation that the HF&H Team provides results that ultimately bervetit the City, its residents and businesses we serve. Thank you again for the opportunity to work with you and the HF&H Team. I am available to discuss specifics by phone at 909.839.7010 or by emill at nncleari@diamon dbarca.gov. Sincerely, R l IvlcLean Ass tart City Manager April 4, 2018 Page A-3 HF&H Consultants, LLC City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 __ T I I I f _N Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Councl Member Jack Tanaka Council Member Steve Tye Council Member August 11, 2009 City of Diamond 2 182 5 Copley Drive • Diamond Bar, CA 91765-4178 (909) 839-7000 • Fax (909) 861-3117 W Ww.CityofUiamondearxom Mr. Laith Ezzet senior Vice President AP&H Consultants, LLC 3990 Westerly Place, suite 195 Newport Beach, California 92660 Dear Lalth:. The City of Diamond Bar would like to extend our gratitude for your professional assistance in acquiring exctnsive solid waste/recycling services for the City's residential and commercial constituents. Staff was appreciative of your attentiveness to all aspects of' the negotiation process and contribntion in formulating the waste hauler contracts, The Mayor and City Council were very thankful for the guidance you provided as well as your thoroughness to all aspects of negotiations and development of both waste hauler contracts, Through this rigorous process, the City was able to successfully negotiate new 8-year agreements with its two current waste haulers, while obtaining new terns, enhanced services, and increased City revenue. Key euhancements include tire following: • Collection vehicles powered by natural gas. • Waste Management's residential agreement includes an increase in diversion from 40% to 45% of the solid waste collected. • All residents will be entitled to door•to-door collection of Sharps and other household hazardous wastes at no additional charge. • Valley Vista's commercial agreement requires a substantial increase in diversion, from 8.5% to 250/,� of the solid waste collected, and includes the processing of all mixed waste to recover reeyclables. • A minimum of 751A of the City's consn-uction and demolition debris will he diverted. • The new agreements provide the City with enforcement mechanisms to help ensure that the new requirements are met. As a result, the existing City-wide diversion rate of 59% will further increase under the now agreements. • Residents will receive a rebate fqr revenues from recyclable material sales over a minimum per ton value. Our City ties had the pleasure of utilizing your 6nn's solid waste services April 4, 2018 Page A-4 HF&I-I Consultants, LLC City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 City of Diamond 21825 Copley Drive . Diamond Bar, CA 91765-4178 (909) 839-7000. Fax (909) 861- 3117 w .CityofolamondBar.com on another occasion, but the expertise shown in accomplishing successful negotiations with two waste haalers in our City was exceptional, Once again thmik you for nil your assistance. Si,Iaerely, n. es DeStefn o City Manager Ron Everett Mayor Carol Herrera Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Counr!l Member April 4, 2018 Page A-5 HF&H Consultants, LLC City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 City of Whittier o �© ' 2 13230 Penn Street, Whittier, Ca9farnia 90602-1772 '.. .. b (5e2)667.960D October 2, 2017 Laith Ezzel, CMC Senior Vice President HF&H Consultants, LLC 19200 Von Karmen Avenue, Suite 360 Irvine, CA 92612 Dear Laith:. I would like to thank you and your team for providing the technical expertise to finalize solid waste collection franchise agreements with Republic and Athens Services. As you know, the City had previously gone through a RFP process with another consulting firm In order to award a franchise agreement for the entire City. Going from a three -zone system with two private haulers and City crews to one private hauler for the entire City proved to be can€roversial. The RFP process ended In a referendum halting the award of the franchise agreement. You and your team wore tasked with negotiating long-term agreements with two haulers to service two separate City zones. Council's requirement to have the rate schedules in both franchise agreements match added complexity to the negotiation process. You were able to accomplish this while also negotiating valuable improvements from previous agreements Including: • An increasedfranchise fee + A fair price for the purchase of City -owned equipment by one of the haulers A 50-hour per week porter to maintain the Uptown commercial district. Free roll -out service for residents with disabilities • 48 special clean ups per year from each hauler to include homeless encampment clean ups, Thank you again for your support and professional expertise during the negotiation process. Public Works Manager, Vicki Smith, and l are available to discuss the process by phone at 662.667.9500 or by email at dsclilcklliig@cltyofwhittier.org or vsm ith @ cityofwh iltier.org, Sincerely, David Schickiing Director of Public Works April 4, 2018 Page A-6 FIF&H Consultants, LLC City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 City of Anaheim DEPARTMENT OF PUBLIC WORKS Operations Division Febmary 13, 2012 Mr. Lrrith 13zzet, CMC Sr. Vice President HF&H Consultants, LLC 19200 Von Karmen Ave. Suite 360 Irvine, CA 92612 Dear Lail1, I Oa behalf of the City of Anaheim, f would like to thank you and your Team for the professional guidance and technical expertise you provided during our contract negotiations with Republic Services, Your Team exhibited tremendous flexibility throughout tiro process and did a wonderful job facilitating the group negotiations and keeping us an on task. Based on the combined efforts and completed staff work by City Staff & ITF&II 'Foam, the City Council unanimously approved this unique amendment to our existing Solid Waste Franchise Agreement. The amenchnett sacured an annual Host Fee and one-time infrastructure improvement payutont to offset the impacts from Clio Material Recovery Facility owned and operated by Republic Services within the City of Anaheim. Republic Services received a term extension in return. Ilia amended temrs wore necomplished without any increases to the ratepayers. In addition to maximizing the City's sustatnability and financial position, the amender) franchise agreement also has the following key enhancements: 1. One-time infrastructure improvement payment of $2.5M to repave the roads around the Material Recovery Facility. 2. Anaheim will continue to have the Lowest Rate Gumnrmo for comparable services amongst the current material recovery facility customers. 3. Franchisee will have a 5%cap on annual increases to the service component of the rates. 4. Guamateed wash diversion will be increased to meet new state recycling mandates. New regulation AU341. requires 75% statewide diversion by 2020. 5. Performance reviews will be tied to customer satisfaction surveys. 6. free trash collection service at OCTA bus stops. 7. Free trash service at City facilities and neighborhood clean-up programs. Please feel free to use our City as a reference Pm your quality and professional work. We could not have received these great results without your assistance. Sincerely, Dan DCEassia, P.E. 4s6 e. vulmom Public Works Operations Manager Araboim. California 94a05 16L (714)165 6860 FAX (114Y7656642 www. W!,..111 i April 4, 2018 Page A-7 HF&H Consultants, LLC City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 CITY OF NEWPORT BEACH MUNICIPAL OPERATIONS DEPARTMENT November 26, 2013 Mr. Laith Ezut, CMC Sr, VicePresident HF&H Consultants, LLC 19200 Von Karmen Ave, Suite 360 Irvine, CAA 92612 Isar Laith, On behalf of the City of Newport Beach, I would like to sincerely thankyou and the entire IMN Team for your professional assistance regarding the City's solid waste and recycling program. The decision on whether to contract with a private firm to replace our in-house City staff for the collection of residential solid waste was one of the most high profile and challenging decisions facing the City in many years. Vie work of the HF&H "ream included the following critical steps in the process: • Conducted an in-depth assessment and cost analysis of the City's current in-house solid waste, recycling and transfer program, • provided professional assistance in drafting and administering the Request for proposal (RFP) documents, as dimeted by City Council, to solicit competitive proposals to provide solid waste services for the City. • Completed a thorough analysis of each proposal received by the City, prepared a detailed report with the information on each firms proposal, and presented this information to the City Council. • At City Council's direction, your firm completed a further analpis of the top three proposals from individual firms. This analysis included assisting with customer satisfaction surveys for each firm, extensive interviews and negotiations, reference checics'aad further cost analysis, - • The HF&H. firm presented a comprehensive fare] report to the City Council recommending a course of action that would mduce overall costs and provide service enhancements, On November 12, 2013, the City Council, based on the professional and thorough work completed by HF&H, awarded a contract to a private collection firm that is projected to save the City $15.8M over the term of the agmement, while providing additional services to the residents of our City, including a Household Hazardous Waste Collection Program and Curbside Bulk Item Collection program. Without the assistance of your Team, we would not have achieved these positive results. We nowlook forward to working with HF&H during the transition period and monitoring the performance of the City's new collection fast during the fast year of operation. Thank you, Laith, for the tremendous support and gmat work that you and your Team provided, Sincerely, 4w_� Mark Harmon Director of Operations Corparadan Yazd: 592 :inpe['iox mire, Plewpart Beech, CA 92663 -Telephone: (949) 644-3055 Fax: (949) 650-0747 Utilides Yard: 949 West loth Street, Drewport Bearh, CA 92663 -Telephone; (949) 644-3011 Fax: (949) 646-5204 Mailhig Addrees: PO Box 1765, Piew'part Be.b, CA 92658-8915-www.netcporWeachca. gov/miuucipaloperationv April 4, 2018 ~� Page A-8 HF&H Consultants, LLC City of Santa Ana _ Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 Public Works Department MaMlenance Division January 24, 2011 redondo e a A C H $31 North GodrudaAvonus Telephone 310316.0686 Redondo Beach, California 90277 Fax 310374-4718 w4w,radondo om Mr. Laith Ezzet Sr. Vice President HF&H Consultants, LLC 3990 Westerly Place, Suite 195 Newport Beach, CA 92660 Dear Leith, The City of Redondo Beach would like to thank you for your professional assistance in facilitating the process of procuring a new exclusive solid waste handling services franchise agreement. You and your staff exhibited tremendous flexibility in responding to the tasks requested by the City. You conducted nearly a dozen public meetings to determine a key program for the development of the City's RFP; agreed to re -draft an agreement for the RFP that was a hybrid of the City's current agreement and the industry standard used by your firm while waiving the costs of the undertaking to stay on budget; advised staff on intricate negotiations; and smoothly transitioned from the retirement of one director to the introduction of another in the middle of the process. Additionally, you and your staff were constantly available for the multitude of questions we and the proposing haulers had during the process. Moreover, the RFP process was extremely successful. With your assistance the City received five quality proposals, and as a result, the rates provided by the City's new hauler are lower than all of the current rates. The programs included in the new agreement will increase the City's 55% waste diversion rate to 75%, making Redondo Beach one of the highest in the country. Additionally, our new franchise agreement requires the contractor to: • Provide new single-family carts for refuse and green waste services to each and every single family home. Offer 96 gallon carts for refuse, recycling and green waste services in addition to 32 gallon and 64 gallon carts at no additional charge. • Collect Electronic Waste as part of the regular bulky item pickup program. April 4, 2018 Page A-9 HF&H Consultants, LLC City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 • Guarantee a waste diversion rate of 75% by implementing a food waste diversion program in single family homes and restaurants and a service to capture additional recyclables by processing and recovering them from the single family, mufti -family and commercial refuse waste streams. • Conduct an annual "shred day for all City residents and businesses to deliver paper for shredding while guaranteeing confidentiality and complete destruction and recycling of the documents. • Collect and dispose of City -generated hazardous waste on an unlimited basis and at no charge to the City. • Provide a route supervisor that shall be assigned exclusively to the City of Redondo Beach franchise agreement. • Pay an annual $150,000 rebate to the City for recyclables instead of sharing a percentage of proceeds from the sale of the racyclables. • Reimburse the City $250,000 annually for solid waste vehicle impacts to City roads. • Provide rates that, on average, are 6% below current levels. Please feel free to use our City as a reference for your quality and professional work. We could not have received these great results without your assistance. Sincerely, Mike Wtzansky, Public Works Director April 4, 2018 Page A-10 HF&H Consultants, LLC City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 Inglewood California r. Public Works Department ON:L MANCHESTER BOULEVARD 1 INGLEWOOD, CA, 90301 I P0. Box 65CO ( NGLMOOD, CA 90312 Telephone (310) A 1253331 Fox t31 G A 12-5552 JERRV M. GIVENS ~v Cky0finglewood.0,g SHAD REZA Deputy City Admnisrroior Deputy Public Worgs Diiectot Publlc Worts Director Deceember 23, 2004 Mr. Laith Ezzet Senior Vice President Hilton, Famkopf and Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Mr, Ezzet: The City of Inglewood would like to thank you and your firm, Hilton, Farnkopf, & Hobson, for your, professional assistance in helping the city procure an exclusive provider contract for new and enhanced waste andrecycling services. The new service will help the City improve its environmental profile by adding services and programs that will increase out diversion efforts in the preservation of out- natural resources. It was rewarding to successfully navigate through such a long and complex process, Your dedicated and knowledgeable. staff approached each aspect of thee contract negotiations with the integrity and thoroughness we have come to admire and respect. Your guidance and expertise made this challenging process mutually beneficial for the City and it's constituents. Hilton, Famkopf, &Hobson's specialized knowledge in analyzing and assessing information as it related to waste services helped secure the City's largest contract for public services, while negotiating a 5 % overall cost reduction to obtain these services. On behalf of the Public Works staff of the City of Inglewood, I would like to again thank you for playing it key role in the City's successful acquisition of services that will ensure the City's environmcilml commitment for years to come, Sincerely, Thomas Coates Environmental Services Administrator TC;bg April 4, 2018 Page A-11 FIF&H Consultants, LLC City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 n CITY OF ORANG- C ITYp7TORHEv—(7141744�aada _. � FAX t71d7 83a-7187 Judy''27, 2009 My, Laith'Ezzet Ms. Lisa Keating Hilton Farnkopr& Hobson Commerce Center one 3"0 Westerly Place, Suite.195 Newport: Beach, CA 9'2660-2311 Dear Leith and Lisa: As a follow tap to my recent n-mill, i wanted to formally note that it ovas a pleasure working witlr�eiu main. A.g was dra case when we svtn•ked topefher over i fJ years ago,your fittn provided the City with the support ,and expertise to help the City achieve the :goals the City Council had laid out when it decided to conduct a request For proposal for solid waste m,anagcnoctit scn§ecs. l donI think i"ao going not on a linoh in statht2 thn the result of ilia Rpp process wushetterthan mastofus, iPnotallorus; untlelpited: In partieafa , P appreciate that you troth responded promptly to questions from City staff, Our City Council was very engaged in the: process sod asked a lot of good questions and with your assisi.mcz, had tlrosea}nzstimos.answ,eteii in atirnely tnarincr. Alob well atone. S ice cly I [hued toe uc5 4 City Attornes= t,, ORANGE CWC CEMTEn 300 S. CHAPMAN AM on ANot:,. CA 92BG6 April 4, 2018 Page A-12 HF&H Consultants, LLC City of Santa Ana _ _ Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 CITY OF ORANGE PUBLIC WO01(S DEPARTMENT ENGINEERING DIVISION STREET DIVISION TRAFFIC DIVISION WATER DIVISION (114)744.5544 (714) 532-6480 (714)744-5540 (714)200.2476 FAX: (7141744A573 FAX: (714) 632.0444 FAX: (714) 744.5573 FAX: (714) 7411-2073 July 20, 2009 Mr. Lalth Ezzat, Senior Vice President FIF&t1, Consultants, LLC 3900 Westerly Place, Suite 196 Newport ©each, CA 92660-2311 Dear Mr. Ezzet: The City of Orange Public Works Department would like to thank you for your Professional assistance in guiding and facilitating our City in the process of securing a franchise for Integrated Solid Waste Management Services. We sincerely appreciate the scrutiny and focus that you and your team contributed toward the development of our multi -million dollar solid waste franchise. Throughout the process, HF&H's integrity, diligence and thoroughness in reviewing proposals, negotiating and finalizing the agreement, propelled the franchise through to City Council approval. Essentially, when compared to the previous franchise, we are slated to save our residents and businesses $57,000,000 over the next 0 years. Should the City elect to extend the franchise to 12 years, the savings could potentially exceed $72,000,000, Without your contribution, this may not have been possible. HF&H has performed admirably for the City of Orange and we look forward to working with you again as our future need for your service arises. Sincerely J tedFrancesco Interim Public Works Director ORANGE CIVIC CENTEn 300 E. CHAFMAN AVENUE OR ANG6, CA 02066 April 4, 2018 Page A-13 HF&H Consultants, LLC City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 May 30, 2007 Lath Eazet, Senior Vice President Hilton, Farnkoph & Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660.2311 Dear Laith, The City of El Centro would like to thank you for your expertise on solid waste issues, your connections in the industry that attracted qualified proposers, and your detailed understanding of our community. It all came together to provide quality service to our residents. Hiring Hilton, Famkopf & Hobson resulted in significant financial rewards, from both the billing analysis you conducted as well as the new franchise agreement you helped us develop. Even though there has not been a rate increase in four years, City of El Centro residents will see only a 2%increase in rates while the City will increase its revenue by nearly 27% as a result of your efforts. The integrity with which HF&H navigated the City through this process was above reproach. City council members, as you know, praised your work methods, thoroughness, and professionalism. Your work exceeded our expectations and will help the City take control of all aspects of its waste hauling services. Sincerely, Terry Hagen, P,E. Director of Public Works/City Engineer Public Works Department 1273 Main Street, El Centro, CA 92243 (760) 337.4505 Fax (760) 337-3172 9�ve1 M+4.vum OLu.. sr �+G�.•IMr4i.n M.�r4+rmr M4Y. Uda.n.r UIYXIstlMWe. wYn.brT%wtMvW. Ww'hm.wu�DWIM IC/Wae A GWCAV20 mw 8�Whavu8 G92ZUOwu 39 Cg0h98W;20ru 3W Wrf8,pGAe92N3 BN.fGSrGb GqJO 1qC' w8, GXD226 April 4, 2018 Page A-14 HF&H Consultants, LLC City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 DEPARTMENT OF PU DLIC WORKS COUNTY OF SAN BERNARDINO FLOOD CONTROL • fiIMS •REGIONAL PARKS • SOLID WASTE • SURVEYOR •TRANSPORTATION ECONOMIC DEVELOPMENT tp,ra„ AND PUBLIC SERVICES GROUP SOLID WASTE MANAGEMENT DIVISION 222 West Hospitality Lane, Second Floor • San Bernardino, CA 92415-0917 (909) 386-0722 • Fax (909) 3B6.8786 March 29, 2001 Laith Ezzet, Senior Vice President Hilton, Farnkopf & Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Laith: KEN A. MILLER Dlrecror of Public Works GERRY NEWCOMBE Solid WaMe Division Manager It is with great pleasure that I pause and write to thank you for the excellent job you and your staff did in assisting the County of San Bernardino with its procurement of a solid waste system operations contractor. Our satisfaction with Hilton, Farnkopf & Hobson from previous engagements was surpassed by your performance throughout this year- long process that just reached its successful conclusion. Perhaps the most telling characterization of your firm's capability in managing complex procurement projects were the repeated accolades from members of the Board of Supervisors. These elected officials, on several occasions, expressed their complete satisfaction with the thoroughness and integrity of the RFP process and complimented your ability to produce a well reasoned and easy to understand analysis. I join them in their assessment of your work, and would add that the smooth coordination between your staff and the Solid Waste Management Division staff added to the success of the final product. Thank you again for exceeding our expectations for this project and I look forward to working together in the future. Sincerely, � PM7- Gerry Newl Division Manager City of Santa Ana _ Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 DORO M,.rHY KING CITY Uf 11�n n Tn ©�nn=n IL.1�'ILI7L'17 ILIL7 RANDYoBOMGAARS D V1lYJ/ W SCOTT A. LARSEN n vt ,ND „ 16600 Civic Center Drive co,mai Wm , Bellflower, California 90706-5494 IOpHN KMPRATT (562) 0044424 0 FAX: (562) 925-8660 RAY T. SMITH http://www.bellflower.org Uo ,l Mdmbe, November 17. 2004 Mr. Laith Ezzet, Senior Vice President Hilton, Farnkopf & Hobson, LLC 3990 Westerly Place, Suite 196 Newport Beach, CA 92660-2311 Dear Mr. Ezzet: The City of Bellflower wishes to thank you for the hard work provided by Hilton, Farnkopf & Hobson during the City's process to select a waste management services provider. The ten month process to make that selection was well coordinated and thoroughly administered. Yours and Lisa Keating's professionalism are especially noted in making the process so. The final selection of the provider produced an agreement that will be $1.4 million dollars a year less than the current exclusive agreement. Each component of the community, single family residential, multi -family properties and commercial accounts will realize a relief in rates and an increase in services. The City of Bellflower is very satisfied with the use of your firm for this process. We will not hesitate to consider Hilton, Farnkopf & Hobson for future waste management services related projects. Sincerely Brian R. Smith Assistant Director of Public Works April 4, 2018 Page A-16 hIF&H Consultants, LLC City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 THE CITY OF INDIAN44-q50 Eldorado Drive • Indian Wells, CA 92210-7497 �?�. SELLS Tel: 760/346wd =Pan OISXII6 02n9 � € http://www ci_indrin v�.11s�ta.us �A � ti��? tx,� CAL I FO RNIAs T 5�u 7A-C July 9, 1997 Tits Laith Ezzet, Principal Hilton Farnkopf & Hobson Commercecenter One 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Laith: I have been meaning to send you a brief note for some time now to express my appreciation for your technical assistance and support during our solid waste procurement process. Your expertise and professionalism were instrumental in bringing closure to a very long and at times tumultuous process. We could still be in negotiations today hadn't it been for your diplomatic tact and "good guy" mentality. For your information and records, I have enclosed a copy of the final franchise agreement. Please feel free to share this document with other clients. Again, on behalf of the City of Indian Wells, thank you for a job well done. Although our contract has now come to a close, I hope that you will stay in touch in the future. Sincerely, Z, rt- Troy L)Bulaff Assistathe City Manager Enclosure April 4, 2018 Page A-17 HF&H Consultants, LLC City of Santa Ana-------- Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 �yQp LAW,yOy 14717 BURIN AVENUF. - LAWNDALE, CALIFORNIA 90260 (31(1) 970-2100 • FAX (310) 644-4556 ni,eonx,n April6, 1998 Mr. Laith Ezzet Vice President Hilton Farnkopf & Hobson, LLC Commercenter One 3990 Westerly Place, Suite 195 Newport Beach, California 92660-2311 Dear Laith•. I have been meaning to send you a brief note for some time now to express my appreciation for your technical assistance and support during our solid waste franchise renewal process. Your expertise and professional style was key to bringing an automated waste collection service to the City. Our City Council appreciated your innovative approach to consensus building including several key community based workshops. The City's transition from manual to automated service has been well received by our citizenry. Your willingness to assist us in negotiating a new vendor contract as well as a transition plan exceeded our expectation of your services as a consultant. Again, on behalfof the City of Lawndale, thank you for a job well. done. Sincerely, Ju ie arter ssistant to the City Manager cc: Michael Sorg, City Manager April 4, 2018 Page A-18 HF&H Consultants, LLC City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 14717 BURIN AVENUE ' LAWNDALE, CALIFORNIA 90260 (310) 970-2100 -FAX (310) 644-4556 8, 2004 Re: Letter of Reference for Hilton Farnlcopf & Hobson, LLC To Whom It May Concern: This letter of reference describes the work performed by Hilton Famkopf & Hobson, LLC ("I-IF&I-I") on behalf of the City of Lawndale. HF&II has provided solid waste consulting services to the City of Lawndale since 1997. ht 1997 and 2002, HF&H assisted the City in the preparation of two Requests for Proposals ("RFP') and fiauchise agreements for solid waste collection, curbside recycling, and yard waste collection services. During the first procurement process in 1997, the City's ratepayers saved approximately $130,000 in the first year and $651,000 over the contract term, an 11% decrease over prior rates. The RFP process in 2002 ftnther lowered the City's first year costs by $171,000, resulting in savings of $1.2 million over the contract term and a 16% decrease over prior rates. As a result of these procurement processes, the City also increased residential recycling and yard waste services, and improved the City's overall diversion percentage. • In 2002, I-IF&H assisted in the establishment of a commercial permit system to track conunercial hauling activities in Lawndale, and the revision of the City's solid waste ordinance to establish. new AB 939 fees. Through �iermit mina1>,etnent activities }}ierformed by HF&H, the City has collected an additional $100,000 per year in N 939 fees, and all nine haulers are up-to-date in their fee payments to the City. HF&H has also provided assistance to the City by evaluating programs for implementation to increase the City's diversion rate. These proaranis were included in a Plan of Correction developed ender the guidance of HF&I-I w1iiclt was submitted and subsequently approved by the California Integrated Waste Management Board. An important, contribnling factor to our increased diversion rate and collection of fees is the residential contract and commercial pernut program oversight performed bar HF&H. Through HF&H's procurement and negotiation assistance, and FIF&H s ongoing assistance with AB 939 program implementation, contract and permit oversight, our City's residential diversion rate has increased from'16% in 2003 to 38% to -date, I would highly, recommend the use HF&H's services to any city needing assistance with solid waste collection and diversion activities. If there are have any questions, I can be reached at (310) 973-3200, ��ncercly, Acting r y anager HPI0, n,A M n„,fMd., April 4, 201.8 Page A-19 HF&FI Consultants, LLC Cl�y of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 Public Works Department 3621 Bell Avenue Manhattan Beach, CA 90266-4795 Telephone (310) 902-5300 FAX (310) 546-1752 November 20, 2001. Laith Ezzet, Senior Vice President I-Iitton, Farnkopf & Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Laith: I would like to commend you and your staff for the technical expertise that you and your firm brought to our current solid waste contract procurement process. It has been clear to its that your experience with many similar procurements has turned what we believed would be a very difficult process into a. process that scents much more routine. Also, your experience and guidance were essential in convincing the City Council that the process you proposed would be objective, fair and well reasoned. 1 look forward to working with you to complete this complex procurement project. Sincerely, Neil Miller Director of Public Works City ofManhanan Beach Web Site: Imp s/Av v%v.ci.manhatraa-beach.caus April 4, 2018 Page A-20 HF&H Consultants, LLC City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 Sherri M. Ilutterreld City Mission Viejo Ak,, will is Williams aycru craycra of P,m Rater S. F'aft COnnrlf ,Vmnber Office of the City Manager `y John Pad"l.PrrAmia Caul( Member - Wltlmme Co Connell hlemMr Daniel P, kseph ofy Mnrmye. October 12, 2000 Laith Ezzet, Senior Vice President Hilton, Famkopf & Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311. Dear Laith, Thank you for working with the City of Mission Viejo on the procurement of a franchise agreement for residential and commercial integrated solid waste management services. I appreciate all of your work that successfully resulted in a multi -million dollar solid waste franchise. I fully understand why other cities and our City Attorney, from Richards, Watson & Gershon highly recommended. Hilton, Farnkopf & Hobson for this project. Your experience and guidance was invaluable as we set out to develop a new, three -cart automated system, including drafting the Request for Proposal, participating in all of the Council subcommittee meetings, meetings with the community, the Chamber of Commerce, and finally development of a new consolidated franchise agreement. These efforts will save Mission Viejo residents and businesses $6.4 million over the next eight years and feedback from the community is already very positive. You did an outstanding job in Mission Viejo and I will continue to speak highly of the team of professionals at Hilton, Farnkopf & Hobson to my counterparts in other cities. Thank you! Sincerely, Karen E. Wylie Assistant to the City Man rger 25909 Pala • Suite 200 - Mission Viejo, California 92691 9491VO3051 http:l/www.ci.missioo-viejo.w.us FAX 94918591386 8 April 4, 2018 Page A-21 HF&H Consultants, LLC City of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 City of Santa Clarita 23920 Valancia alvd. Phano swte 300 (661) 259-2469 isanfa Clarila Fax M t., nla 91355-2196 (661) 259-8125 Websde� v ww.eanlaclw ta.com December S. 2003 Mr. Laith Ezzet Senior Vice President Hilton Famkopf & Hobson, LLC 3990 Westerly Place, Suite 195, Newport, CA 92660-2311 Dear Mr. Eizet: I would like to thank you againfor your assistance with the City of Santa Clarita's Request for Proposals (RFP) for the collection of residential and commercial solid Waste. Your;IFSistancewasanintegral pert in the City obtainingexcmplaryresidenti�il and commercial services. We asked for a large number of services from our haulers, while requesting that they decreaseourrates. Although the City asked formany services, many of whichare. not common in our region, you end Lisa Keating teere able to prepare excellent franchise. agreements thauequhed the haulers to strictly adhere to the City's needs and desires - To make things better, even with the excellent franchise agreements, you and Lisa were also able to acquire City services beyond what was requested, while at the same time significantly loweiin- rates for both residents and local businesses. Thank you for assisting us in obtaining these -,real agreements. We are aagerly awaiting the commencement of our near services and programs as a result of this RFP. Sincerely, Chris Deste Director of Field Services CD:1'L:BAL:cf SRcrt t.mu div PRINIEII ON 66GVFLED PAPER April 4, 2018 Page A-22 HF&H Consultants, LLC Clty of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 ����asnnrnmflq�9 CITY OF RANCHO SANTA MARGARITA �dillie,y l.lUad r May 7, 2004 Mayor Neil C. Blain Mayor Pro Tenrpore Jerry Holloway Mr. Laith Ezzet, Sr. Vice President Council Members Hilton, Fim kopf & Hobson L. Anthony Bealt 3990 Westerly Place, Suite 195 Gary Thompson Thor M.Thor Newport Beach, CA 92660-2311 M. James City Manager Dcar Laith: D. James Hart, Ph.D. The City of Rancho Strata Margarita would like to thank you for your professional assistance in helping our City procure exclusive solid waste/recycling services For our residential and commercial constituents. The year -long process was marked with integrity and thoroughness. Even those applicants not awarded the contact spoke highly of the fairness of the process. At the end of the process the City will be passing through savings of approximately $g million dollars over the 10-year contract, which is a 27% savings to the residents and businesses of Rancho Santa Margarita, Our City has used your consulting firm for other solid waste services, but the recently concluded and highly complex franchise process was exemplary in its execution. Thank you again. Sincerely es L3.;ames.�tlIn City Manager cc: T. Wheeler, City Engineer 30211 Avenida de Ins Bandwas, Suite 101 • Hancho Santa Margarita California 926B8 Phone: (949) 635-1800 • Fax: (949) 635-4840 • wwwrlityofrsrn.org April 4, 2018_ _ Page A-23 HF&H Consultants, LLC CIly of Santa Ana Attachment A: Client Testimonial Letters Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 -. In - Crry HALL. 83M1 SAMA MOMOA BLVU. MIT 14.113%1.11� CA 9W69 6216 T11:(323)848.6395 1'Ax: (323) &8-6564 DEPARTMENT OF TRANSPORTATION AND PLULIE WORKS Mffl fILLVMWB December 1, 2003 Mr. Laith Ezzet, Senior Vice President Hilton, Farnkopf & Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Laith: The City of West Hollywood would like to thank you for your professional assistance in helping our city procure exclusive solid waste/recycling services for our residential and commercial constituents. The year -long process was marked with integrity and thoroughness. Even those applicants not awarded the contract spoke highly of the fairness of the process. Our mayor and city council members also commented on the process by which they could easily review pertinent criteria and compare each proposal to match thecity's needs. At the end of the process the City will be passing through savings to its constituents of almost $9 million dollars over the 8 year contract. We have increased the recycling services markedly and are embarking on a truly innovative food diversion program. Our City has used your consulting firm for other solid waste services, but the recently concluded and highly complex franchise process was exemplary in its execution. Thank you again. Sincerely, / Jan Harmon Environmental Programs Specialist -Sharon Perlstein City Engineer wWwwchu,org `a April 4, 2018 Page A-24 HP&H Consultants, LLC City of Santa Ana _ Attachment B: Client List Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 ATTACHMENT B: CLIENT LIST April 4, 2018 Page B-1 HF&H Consultants, LLC Cq of Santa Ana Attachment B: Client List Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 Aerojet General Corporation Alameda County Clean Water Program Alameda County Waste Management Authority Alameda County Water District Alameda Joint Refuse Rate Review Committee Alameda Solid Waste Advisory Committee Amador Water Agency Bay Area Water Supply & Conservation Agency Bear Creek Valley Sanitary Bold, Polisner, Maddow Brown, Vence & Associates, Inc. Bryan A. Stirrat & Associates California Water Service Company Carmichael Water District Castro Valley Sanitary District Central Contra Costa Sanitary District Central Contra Costa Solid Waste Authority Costa Mesa Sanitary District City of Adelanto City of Alameda City of Albany City of Aliso Viejo City of Anaheim City of Arcadia City of Ashland City of Atherton City of Atwater City of Azusa City of Barstow City of Bellflower City of Belmont City of Belvedere City of Benicia City of Beverly Hills City of Brentwood City of Burbank City of Burlingame City of Calabasas City of Camarillo City of Campbell City of Canyon Lake City of Carlsbad City of Carpinteria City of Carson City of Carson City, Nevada City of Cerritos City of Chandler City of Chula Vista City of Clovis City of Compton City of Corte Madera City of Cotati City of Covina City of Cudahy City of Cupertino City of Daly City City of Dana Point City of Davis City of Del Mar City of Diamond Bar City of Downey City of Dublin City of East Palo Alto City of El Centro City of El Cerrito City of El Monte City of Elk Grove City of Emeryville City of Encinitas City of Eugene City of Fair Oaks City of Fairfield City of Fairfield City of Fillmore City of Florence City of Folsom City of Fort Bragg City of Fort Collins, CO City of Fortuna City of Foster City City of Fremont City of Fresno City of Fullerton City of Garden Grove City of Gilroy City of Glendale, Arizona City of Glendale, California City of Glendora City of Goodyear City of Gridley City of Guadalupe City of Hawthorne City of Hayward City of Healdsburg City of Hercules City of Hesperia April 4, 2018 Page B-1 HF&H Consultants, LLC Ci of Santa Ana Attachment B: Client List Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 Town of Hillsborough City of Hollywood City of Imperial Beach City of Indian Wells City of Indio City of Inglewood City of Irvine City of Kensington City of La Canada-Flintridge City of La Habra City of La Palma City of La Puente City of La Quinta City of La Verne City of Santa Ana City of Laguna Niguel City of Lake Forest City of Lancaster City of Lathrop City of Lawndale City of Lincoln City of Litchfield Park, Arizona City of Livermore City of Lodi City of Long Beach City of Los Altos Town of Los Altos Hills City of Los Angeles City of Los Banos Town of Los Gatos City of Lynwood City of Manhattan Beach City of Manteca City of Martinez City of Menlo Park City of Mesa Consolidated City of Mill Valley City of Millbrae City of Milpitas City of Mission Viejo City of Modesto City of Monrovia City of Montclair City of Monte Sereno City of Monterey Park City of Morgan Hill City of Mountain View City of Murrieta City of Napa City of Newark City of Newport Beach City of Newport, OR City of Northridge City of Oakland Public Works Agency City of Ogden, UT Town of Old Sacramento City of Ojai City of Orange City of Oxnard City of Pacifica City of Palm Desert City of Palm Springs City of Palmdale City of Palo Alto Town of Paradise City of Pasadena City of Paso Robles City of Peoria, AZ City of Petaluma City of Piedmont City of Pinole City of Pleasanton City of Pomona City of Port Hueneme City of Portland City of Portola Valley City of Poway City of Rancho Palos Verdes City of Rancho Santa Margarita City of Redondo Beach City of Redwood City City of Rio Vista City of Riverside City of Rohnert Park City of Roseville City of Sacramento City of Saginaw Town of San Anselmo City of San Bernardino City of San Bruno City of San Buenaventura City of San Carlos City of San Clemente City of San Diego City & County of San Francisco City of San Jose City of San Juan Capistrano City of San Leandro City of San Luis Obispo City of San Mateo April 4, 2018 Page B-2 HF&H Consultants, LLC City of Santa Ana Attachment B: Client List Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 City of San Rafael County of Mendocino City of San Ramon County of Merced City of Sandy County of Mono City of Sanger County of North San Diego City of Santa Ana County of Riverside City of Santa Barbara County of Sacramento City of Santa Clarita County of San Bernardino City of Santa Cruz County of San Luis Obispo City of Santa Monica County of San Mateo City of Santa Paula County of Santa Barbara City of Santa Rosa County of Sutter City of Santee County of Tulare City of Seattle County of Ventura City of Sebastopol County of Yolo City of Sedona, AZ David M. Griffith & Associates City of Selma Delta Diablo Sanitation District City of South Gate East Bay Municipal Utilities District City of South San Francisco East Palo Alto Sanitation District City of Sunnyvale Fairfield -Suisun Sewer District City of Temecula Fred Hutchinson Cancer Research Center City of Thousand Oaks Fremont Unified School District Town of Tiburon Glenn County Public Works City of Torrance Greater Vancouver Water District City of Tustin Groveland Community Services District City of Union City Hanson, Bridgett, Marcus, Vlahos & Rudy City of Upland Humboldt Waste Management Authority City of Vallejo Integrated Waste Management & Recycling City of Vancouver, WA Josephine County/Grants Pass SWA City of Vernon Kensington Police Protection City of Visalia Lake County / City Area Planning Council City of Walnut Creek Lane County Waste Management City of Watsonville Las Gallinas Valley Sanitary District City of West Hollywood Los Angeles County Sanitation District City of West Linn, OR Los Trancos County Water District City of Whittier Lukins Brothers Water Company Town of Windsor Malaga County Water District City of Winters Marin County Community Development City of Woodland Agency City of Yountville McCutchen Doyle Brown & Emersen, LLP Citygate Associates Metropolitan Water District Clackamas County Morrison & Foerster Coachella Valley Association of Mountain View Sanitary District Governments North American Development Bank Contra Costa Water District North Coast County Water District County of El Dorado Novato Sanitary District County of Humboldt Olivenhain Municipal Water District County of Kern Orange County County of Los Angeles Orange County/City Mans SW Working County of Marin Group County of Mariposa Oro Loma Sanitary District April 4, 2018 Page 13-3� HF&H Consultants, LLC City of Santa Ana Attachment B: Client List Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 Placer County Water Agency Riverside County Waste Resources Management District Ross Valley Sanitary District RTI International San Francisquito Creek JPA San Gabriel Valley Council of Governments San Juan Water District Sanitary District No. 5 of Merin County Santa Clara Valley Water District Santa Margarita Water District Sausalito-Marin City Sanitary District Scotts Valley Water District SCS Engineers Sharon Heights Golf & Country Club Silicon Valley Animal Control Authority Somach, Simmons and Dunn South Bayside Waste Management Authority South County Fire South El Monte Joint Defense Group Southeast Water Coalition JPA Stanislaus County SWANA Tamalpais Community Services District The State Bar of California Tri-City Waste Management Union Sanitary District Veterans Home Administration Waste Management of Los Angeles West Bay Sanitary District West Contra Costa Integrated Waste Management West Valley Cities SWPM West Valley Sanitary Waste Management West Valley Solid Waste Management Authority Western Municipal Water District Western Riverside Council of Government April 4, 2018 Page B-4 FIF&H Consultants, LLC City of Santa Ana Attachment C: City of Livermore High Diversion Plan Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 ATTACHMENT C: CITY OF LIVERMORE HIGH DIVERSION PLAN VOLUMINOUS ATTACHMENT AVAILABLE SEPARATELY ON FILE WITH PUBLIC WORKS AGENCY April 4, 2018 Page C-1 HF&H Consultants, LLC City of Santa Ana Attachment D: HF&H Southern California Office Competitive Procurement Savings to N _ Ratepayers Request for Proposals (RFP) for Solid Waste Consulting Services RFP NO.: 18-006 ATTACHMENT D: HF&H SOUTHERN CALIFORNIA OFFICE COMPETITIVE PROCUREMENT SAVINGS TO RATEPAYERS QY;# Jurisdiction Year' P f 'Proposers contract L' Term" `Old Contract --s yaluef'h ' New Gootr%act a =s `�alualfl? '' Total to Swings r%Sa"ym Ratepayers -7 -7 s ". . - 9 - Orange 2009 4 8years $139,768,000 $82,752,000 $57,016,000 41% Tustin 2000 8 7 years $42,392,000 $25,011,000 $17,381,000 41% Riverside —Commercial 2001 6 7years $97,606,000 $64,354,000 $33,152,000 34% Santa Clarke — Residential 2003 6 7 years $100,204,000 $70,409,000 $29,795,000 30% Newport Beach - Residentialt'I 2013 7 7 years $35,595,000 $25,562,000 $10,033,000 28% Rancho Santa Margarita 2004 5 8 years $28,704.000 $20,864,000 $7,840,000 27% Bellflower 2004 5 8 years $49,688,000 $38,400,000 $11,288,000N171% Lake Forest 1996 5 7 years $29,500,000 $22,800,000 $6,700,000 Rancho Palos Verdes 2009 7 7 years $36,466,000 $28.357,000 $8,109,000 Lawndale 2010 7 7 years $23,849,000 $18,841,000 $5,008,000 West Hollywood 2003 9 8 years $42,376,000 $33,512,000 $8,864,000 Pico Rivera 2012 8 7 years $48,489,000 $38,451,000 $10,038,000 Huntington Park 2014 10 8 years $50,470,000 $40.146,000 $10,324,000 Riverside — Residential 2001 7 7years $20,272,000 $16.793,000 $3,479,000 Lawndale- Residential 2002 5 7 years $7,546,000 $6,349,000 $1,197,000 16 Santa Clarita- Commercial 2003 6 9years $39,256,000 $34,099,000 $5,157,000 13% Palm Desert 2000 6 7 years $46,252,000 $40,553,000 $5,699,000 12% Mission Vie]o 2000 5 8years $54,784,000 $48,395,000 $6,389,000 12% Lawndale - Residential 1997 5 5 years $6,127,000 $5,476,000 $651,000 11% Redondo Beach 2011 5 8 years $48,112,000 $45,064,000 $3,048,000 6% Rancho Palos Verdes 1999 7 7 years $22,034,000 $20,647,000 $1,387.000 6% Palmdale 2017 2 8 years $142,686,000 $136,104,000 $6,584,000 5% Imperial Beach 1999 4 7 years $13,692,000 $13,153,000 $539.000 4% Manhattan Beach 2002 7 7 years $22,400,000 $21,800,000 $600,000 3% Inglewood') 2012 3 10 years $99,510,000 $103,534,000 ($4,024,000) -4% Hermosa Beach 2012 4 8 years $18,416,000 $19,256.000 ($840,000) -5% Manhattan Beach 2011 4 7years $24,187,000 $27,088,000 ($2,901,000) -12% El Centro 2007 4 8 years $34,209,000 $39,134,000 ($4,925,000) -14% TOTAL $1,324,492,000 $1,086,904,000 $237,588,000 18% (1) Over term of contract (2) Net of one4me cost benefits, which result in an overall 44 %cost sadngs. (3) Net of oneAme up4ront fees. April 4, 2018 Page D-1 FIF&H Consultants, LLC EXHIBIT B Ci!Y of Santa Ana Fee Estimate to Provide Solid Waste Consulting Services RFP NO.: 18-006 HF&H Consultants, LLC Fee Estimate to Provide Solid Waste Consulting Services Solid Waste Agreement Competitive Procurement Fee Estimate We will perform the scope of work for the competitive procurement based on time and materials. The estimated total budget is $184,000. Our actual costs could be higher or lower than this amount, depending on the complexity of the City's contracting process, the number of proposals to be evaluated, the number of negotiation sessions required, and other factors that cannot be precisely estimated in advance. In most of the competitive procurements we have conducted for other cities, the successful contractor is required to reimburse the City for its consulting costs. The proposed workplan includes preparation of an integrated residential and commercial RFP, gathering operating data, conducting community outreach, soliciting proposals, conducting a pre -proposal conference, evaluating up to six proposals, participating in up to four negotiation sessions, and finalizing an agreement with one proposer. Should more than six proposals be submitted, we estimate that the budget will increase by $5,500 per proposal. If agreements are finalized with more than one proposer, our cost will increase by $6,000 for each additional agreement. This budget does not include the cost of mass printing and distribution of surveys which, if required, are to be sent by the City. The budget includes the following meetings: five community meetings, three City Council workshops and five City Council meetings. The workplan on the next page itemizes hours by task and staff classification. Hours may be shifted among tasks and staff. This budget does not include costs for optional subtask 1G (Comprehensive Zero Waste Operations Plan); should the City wish to include such a plan, the scope, budget and timeframe will need to be carefully considered and further discussed with the City to ensure the process accurately reflects City goals. For reference, a comprehensive zero waste plan for the City of Santa Monica was budgeted at $150,000, while the City of San Diego budgeted $150,000- $225,000. Some other communities have prepared less detailed "template" plans for around $50,000. May 4, 201S Page 1 HF&H Consultants, LLC City of Safi Ana Fee Estimate to Provide Solid Waste Consulting Services RFP NO.: 18-006 Solid Waste Agreement Competitive Procurement Workplan Task DescriptionSr. Vice Sr. Project 9 1, dpeter _@ cjty's Collectlon-Needs - President A. Initiate project -- 1 Review existing documents and prepare for kickoff meeting 2 Develop meeting document and meet with City staff 3 Prepare Project Plan B. Prepare for and participate in up to 5 community meetings C. Assist City collecting community data through surveys and meetings D. Prepare for and participate In three City Coumll workshops E. Create memorandum outlining green policy and goals F. City Council meeting to confirm green policy and goals (CC Mig #1) 2 4 4 20 4 18 4 5 8 8 8 20 4 18 2 5 4 - - 8 6 20 10 16 12 40 16 42 26 10 O tlonal Task -fees not Included In cost estimate G. Optional Sublask: Development of comprehensive zero waste operations plan 61 73 38 172 Subtotal: Task 1 Hours 2. ;Provide Programming Recommendations to CRy Council-; A. Develop program recommendations B. Council meeting to present and discuss program recommendations (CC Mtg 42) 2 5 4 5 8 14- 10 C. Update program selection based on Council direction 2 2 4 9 11 8 28 Subtotal: Task 2 Hours 3. Prop and iss; equest,[orpropdsals_ A. Gather and review operating data S. Prepare service specifications, draft RFP and agreement 4 16 2 24 20 80 F 26 120 C. Revise documents up to three times after revew by City Attorney, other City staff, and potential proposers D. Attend Council meeting to approve RFP package (CC Mtg #3) E. Solicit proposals F. Prepare for and attend proposers' conference 12 5 1 2 20 5 2 4 20 - 52 10 3 6 G. Prepare addenda 4 8 2 14 40 63 102 205 Subtotal: Task 3 Hours -4. Review and Evaluate Proposals A. Review proposals for completeness B. Evaluate complete proposals (maximum of six) C. Evaluate proposed rates and operating assumptions 18 8 6 24 2 60 24 6� 102 34 D. Prepare follow-up questions for proposers E. Review responses and clarify unresolved issues F. Interview proposers G. Contact references for recommended proposer H. Prepare draft evaluation report I. Review City comments and prepare final evaluation report 6 4 8 1 16 4 8 8 g 2 24 6 8 8 8 16 2 22 20 16 11 56 12 J. Attend City Council meeting to select contractor for negotiations (CC Mfg #4) 5 5 10 70 93 126 289 Subtotal: Task 4 Hours 5.:'Negotiate Final Agreement and Prepare aNew Agreement A. Prepare for and participate in up to four negotiating sessions B. Prepare revised portions of Agreement (up to 3 revisions) 24 12 32 24 - - 56 36 C. Attend Council meeting for approval of final agreement (CC Mtg #5) 5 5 10 41 61 102 Subtotal: Task 5 Hours Total Hours 221 301 274 796 Hourly Rate $ 279 $ 245 $ 175 Subtotal $ 61,659 $ 73,745 $ 47,950 $ 183,354 Expenses $ 646 Total Fees and Expenses* $ 184,000 Excludes Optional Task 1G: Development of Comprehensive Zero Waste Operations Strategic Plan May 4, 2018 Page 2 HF&H Consultants, LLC City of Santa Ana Fee Estimate to Provide Solid Waste Consulting Services RFP NO.: 18-006 Hourly Rates Hourly rates through December 31, 2018 for professional and administrative personnel are listed below. Rates will adjust each January 1 by the change in the Consumer Price Index Position Senior Vice President/President Senior Project Manager Senior Associate Associate Analyst Assistant Analyst Administrative Staff Expenses will be billed as follows (not-to-exeed $646) Automobile Travel Document Reproduction (over 20 pages/run) Facsimile, Telephone Postage, Overnight Mail and Couriers Rate* $279 $245 $175 to $195 $125 to $160 $115 $95 Prevailing IRS mileage rate 15 cents per page (black & white) 75 cents per page (color) No charge Actual May 4, 2018 Page 3 HF&H Consultants, LLC HFtSIHG-1 DATE 05/18120YYYY) 05l1 B/2018 .444. R v CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER 925-210-1717 Diablo Valley Insurance Agency 801 Ygnacio Valley Rd, Ste 100 Walnut Creek, CA 94596 Joshua Young NA COT CT JOShUa Young PHONE 925-210-1717 Fax 925-210-1818 (A/c No EXt): A/c, No): 'M =1 Josh@diabFovaTFeyFnr.urance.com — —� INSURER(S) AFFORDING COVERAGE _—liAIC g INSURER A: Hartford Casualty Insurance Co INSURED HF&H Consultants, Inc. 201 N Civic Or Ste 230 Walnut Creek, CA 94596 _ INSURER B: INSURER C : INSURER D : INSURER E : INSURER F : CnVFRAnrA nPORTIPIr'ATF All IMI19ZR- OM110 nrd eu IM0CM THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE IADDLNSO SUER WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FYI OCCUR Y 57SBABH9155 09/06/2017 09/06/2018 EACH OCCURRENCE 21000,000 DAMAGE TO RENTED PREM $ 1,000,000 MED EXP (Any one erson $ 10,000 PERSONAL& ADV INJURY 2,000,000 GE 'L AGGREGATE LIMIT APP IES PER: X POLICY ❑ j�T LOG OTHER GENERAL AGGREGATE 4,000,000 PRODUCTS - COMP/OP AGG 4,000,000 A I AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED A�UpT�O�S ONLY AUTOS y�r p AUTOS ONLY X AUTOS S 57SBABH9155 09/06/2017 09/06/2018 COMBINEDI� INGLE LIMIT $ 2,000,000 BODILY INJURY Per person) BOODILY INJURY Per eccldenl $ Pe�.,c;,, , AMAGE $ — — A UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE 57SBABH9165 09/06/2017 09/06/2018 EACH OCCURRENCE 3,000,000 AGGREGATE $ 3,000,000 DED I X I RETENTION $ 10,000 A WORK ER8 COMPENSATION ANDEMPLOYERS'LIABILITY YYY��,Nyy ANY PROPRIETOR/PARTNER/EXECUTIVE PFFICERIMEMB REXCLUDED? Mandatory in NH) s dsscbe unde DeBC TO P N/A 67WECZR5766 09/06/2017 09/06/2018 OTH- X PERTTr E.L. EACH ACCIDENT $ 1000,000 E.L. DISEASE - FA EMPLOYE $ 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached II'more apace Is required) The City of Santa Ana Its officers employees, agents, volunteers and respresentatives are listed as additional Insured on the General Liability with respect to services provided by the Named Insured. Coverage Is Primary & Non -Contributory. 30 day written notice and 10 day notice of cancellation applies If cancelled for non-payment of premium. REVIEWED BY:ezN EUNICE HEREDIA (PG OF3� CFRTIGI('ATF Wnl r1FR PAAII M I ATIMI CITYSA3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company Hartford Casualty Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # 57SBABH9155 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 05/18/2018 , this endorsement form as a pant of Policy # 57SBABH9165 Issued to HF&H Consultants, Inc. Named Insured Countersigned by A"441 Authorized Representative REVIEWED BY: EUNICE HEREDIA (PG ZOF-3) 1 nrrs<naON-u1 ,4�oRv~ CERTIFICATE OF LIABILITY INSURANCE IL G DATE(MMIDD/18 06/18/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER License # 0767776 c JACT Alvaro Saplz HUB International Insurance Services Inc. P. O, Box 6076 San Ramon, CA 94683 PHONE (A/C No Ext : (926) 416-1104 lc, No :(961) 231-2572 &NELissm Cal.CPU@Hubinternational.com INSURERS AFFORDING COVERAGE NAIC 0 INSURERA:Houston Casualty Company_ 42374 INSURED INSURER B INSURERC: HF&H Consultants, LLC 201 North CIVIC Drive, Suite#230 Walnut Creek, CA 94696 INSURERD: INSURER E : INSURER F : CrT1/FRAC�FS RFRTICIrtATC All IMRCA• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBR LTR TYPE OF INSURANCE ADDL SD SUER D POLICY NUMBER POLICDY EFF POLICDY EXP LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ DAMAGE TO RPRE MISESIE� occu e cal $ MED EXP (Any one arson PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: POLICY El 3pef 1:1LOC GENERAL AGGREGATE PRODUCTS - COMP/OP AGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT d $ BODILY INJURY Per arson $ .__ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS yy E A�TOS ONLY ARTOS ONNLY BODILY INJURY Peraccldent $ (P 0eccid nt AMAGE $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / NisE AANFY PRO PRIIETgOERRIPARTN ER/EXECUTIVE ❑ (MF.' atory In NH) EXCLUDED? If yes, describe under DESCRIPTION OF OPERATIONS below N / A I I PER OTH- E,L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ A Professional Liab H717110248 09/06/1117 0910112011 Occurrence/Aggregate 2,000,000 A Retro Date: 8/1/1989 H717110248 09/06/2017 09/06/2018 Retention: 10,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) For Information Purposes Only. REVIEWED BY: EUNICE HEREDIA (PG 3OF5 ) City of Santa Ana 20 CIVIC Center Plaza M-21 Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O&�t�� NLVRV LU 1LU IUrUJ/ u 1tft$ti-YU15 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD HF&HC-1 OP ID: YO ACORO CERTIFICATE OF LIABILITY INSURANCE DATE 1 09/04/201804I2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 925-210-1717 Diablo Valley Insurance Agency 801 Ygnacio Valley Rd, Ste 100 Walnut Creek, CA 94596 Joshua Young CONTACT Joshua Young PHONE 925-210-1717 FAX 925-210-1818 (A/C, No, Ext): (A/C, No): at oRlEss:josh@diablovalleyinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Sentinel Insurance Company �11000 INSURED HF&H Consultants, Inc. 201 N Civic Dr Ste 230 Walnut Creek, CA 94596 INSURER B : Citizen Insurance Co of Amer Houston Casualty Company 42374 INSURERC: Y P Y INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DDL NSD UBR POLICY NUMBER POLICY EFFDDIYYYYI POLICY EXP LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FxI OCCUR Y OBFD68147600 09/06/2018 09/06/2019 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED orcurren(Eace $ 1,000,000 -PREMISESMED EXP (Any oneperson) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 AGGREGATE LIMIT APPLIES PER: POLICY PEf LOC GENERAL AGGREGATE $ 4,000,000 GEN'L X PRODUCTS - COMP/OP AGG $ 4,000,000 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 2,000,000 $ BODILY INJURY Perperson) $ ANY AUTO OBFD68147600 09/06/2018 09/0612019 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ X HIRED X NON -AWNED AUTOS ONLY AUTOS ONLY B UMBRELLA LIAB X OCCUR EACH OCCURRENCE 3,000,000 $ EXCESS LIAB CLAIMS -MADE OBFD68147600 09/06/2018109/0612019 AGGREGATE $ 3,000,000 DED ' X I RETENTION$ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICEMEn BE D? EXCLUDE (Mandatory ) NIA 57WECZR5765 09/06/2018 09106/2019 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYE 1 000,000 $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1 000 000 C Professional Liab H718-112167 09/06/201810910612019 Limit 2,000,000 Reto Date:08/1/89 Retention 10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Santa Ana= its officers, employees, agents, volunteers and respresentatives are listed as additional Insured on the General Liability with respect to services provided by the Named Insured. Coverage is Primary & Non -Contributory. 30 day written notice and 10 day notice of cancellation applies if cancelled for non-payment of premium. y - REVIEWED BY: EUNICE HEREDIA (PG P OFC ) CITYSA3 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 000, ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD .o a THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57 WEC ZR5765 Endorsement Number: Effective Date: 09/06/18 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: HF&H CONSULTANTS LLC 201 N CIVIC DR STE 230 WALNUT CREEK CA 94596 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 07/28/18 Policy Expiration Date: 09/06/19 REVIEWED BY:�01 EUNICE HEREDIA (PG ) HF&H Consultants, Inc. Policy OBFD68147600 Effective 09/06/2018-09/06/2019 BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES Limits Page 1. Additional Insured by Contract, Agreement or Permit 1 2. Additional Insured — Broad Form Vendors 2 3. Alienated Premises 2 4. Bodily Injury Redefined 2 5. Broad Form Property Damage — Borrowed Equipment, Customers 2 Goods and Use of Elevators 6. Incidental Malpractice (Employed Nurses, EMT's and Paramedics) 3 7. Personal and Advertising Injury — Broad Form 3 8. Product Recall Expense $25,000 Occurrence $50,000 Aggregate 3 9. Unintentional Failure to Disclose Hazards 5 10. Unintentional Failure to Notify 5 This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below. 1. Additional Insured by Contract, Agreement or Permit Under SECTION 11 — LIABILITY, C. Who Is An Insured, Paragraph 4. is added as follows: a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, but only with respect to: (3) "Your work" for the additional insured(s) at the location designated in the contract, agreement or permit; or (4) Premises you own, rent, lease, control or occupy. This insurance applies on a primary basis if that is required by the written contract, agreement or permit. b. This provision does not apply: (1) Unless the written contract or written agreement has been executed or permit has been issued prior to the "bodily injury", "property damage" or "personal and advertising injury"; (2) To any person or organization included as an insured by an endorsement issued by us and made part of this Policy; (3) To any person or organization included as an insured under Item 1.a.2. of this endorsement; (4) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury", "property damage" or "personal and advertising injury" arises out of the sole negligence of the lessor; (5) To any: (a) Owners or other interests from whom land has been leased which takes 391-1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 5 REVIEWED BY: EUNICE HEREDIA (PG HF&H Consultants, Inc. Policy OBFD68147600 Effective 09/06/2018-09/06/2019 place after the lease for that land expires; or (b) Managers or lessors of premises if: (i) The occurrence takes place after you cease to be a tenant in that premises; or (ii) The "bodily injury", "property damage" or "personal and advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor; or (6) To "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services. c. Additional insured coverage provided by this provision will not be broader than coverage provided to any other insured. d. All other insuring agreements, exclusions, and conditions of the policy apply. 2. Additional Insured - Broad Form Vendors Under SECTION II — LIABILITY, C. Who Is An Insured, paragraph 5. is added as follows: 5. Any person or organization with whom you agreed, because of a written contract or written agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the product; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any thing or substance by or for the vendor; or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in paragraphs 5.d. or 5.f.; or (2) Such inspections, adjustments, test or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Alienated Premises Under SECTION II — LIABILITY, B. Exclusions, paragraph 1.k.(2) is replaced in its entirety with the following: (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. 4. Bodily Injury Redefined Under SECTION II — LIABILITY, F. Liability and Medical Expenses Definitions, definition 4. is replaced in its entirety by the following: 4. "Bodily injury" means bodily injury, disability, sickness or disease sustained by a person, including death resulting from any of these at any time. "Bodily Injury" includes mental anguish or other mental injury resulting from "bodily injury". 5. Broad Form Property Damage — Borrowed Equipment, Customers Goods, Use of Elevators 391-1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 5 REVIEWED BY: EUNICE HEREDIA (PG OF ) HF&H Consultants, Inc. Policy OBFD68147600 Effective 09/06/2018-09/06/2019 a. Under SECTION II — LIABILITY, B. Exclusions, paragraph 1.k., the following is added: Paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. Paragraph (3), (4) and (6) do not apply to "property damage" to "customers goods" while on your premises nor to the use of elevators. b. Under SECTION II — LIABILITY, F. Liability and Medical Expenses Definitions, the following additional definition is added: "Customers goods" means property of your customer on your premises for the purpose of being: a. Worked on; or b. Used in your manufacturing process. c. The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured whether primary, excess, contingent or on any other basis. 6. Incidental Malpractice — Employed Nurses, EMT's and Paramedics Under SECTION II — LIABILITY, C. Who Is An Insured, paragraph 2.a.(1)(d) does not apply to a nurse, emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical, surgical, dental, x- ray or nursing services. 7. Personal and Advertising Injury — Broad Form Under SECTION II — LIABILITY, F. Liability and Medical Expenses Definitions, definition 15, "Personal and Advertising Injury", paragraph h. is added as follows: h. Discrimination or humiliation (unless insurance thereof is prohibited by law) that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any officer of the corporation, director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to an "employee", nor to the employment, prospective employment or termination of any person or persons by an insured. 8. Product Recall Expense a. Under SECTION II — LIABILITY, B. Exclusions, Paragraph 1. o. is replaced in its entirety by the following: o. Recall of Products, Work or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; If such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it, but this exclusion does not apply to "product recall expenses" that you incur for the "covered recall" of "your product". The exception to the exclusion does not apply to "product recall expenses" resulting from: (1) Failure of any products to accomplish their intended purpose; (2) Breach of warranties of fitness, quality, durability or performance; (3) Loss of customer approval, or any cost incurred to regain customer approval; (4) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; (5) Caprice or whim of the insured; (6) A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance; (7) Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; or (8) Recall of "your products" that have no known or suspected defect solely because a known or suspected defect in another of "your products" has been found. b. Under SECTION II — LIABILITY, C. Who Is An Insured, paragraph 4.c. is added as follows: c. "Bodily injury" or "property damage" do not apply to "product recall expense" arising out of any withdrawal 391-1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 5 REVIEWED BY: EUNICE HEREDIA (PG5o ) HF&H Consultants, Inc. Policy OBFD68147600 Effective 09/06/2018-09/06/2019 or recall that occurred before you (5) Expenses incurred by acquired or formed the organization. "employees" including c. Under SECTION II — LIABILITY, E. transportation and Liability and Medical Expense General accommodations; Conditions, 2. Duties in the Event of (6) Expenses to rent additional Occurrence, Offense, Claim or Suit, warehouse or storage space; paragraph e. is added as follows: (7) Disposal of "your product", but e. You must see to it that the following only to the extent that specific are done in the event of an actual or methods of destruction other than anticipated "covered recall" that may those employed for trash result in "product recall expense": discarding or disposal are (1) Give us prompt notice of any required to avoid "bodily injury" or discovery or notification that "your "property damage" as a result of product" must be withdrawn or such disposal, recalled. Include a description of you incur exclusively for the purpose "your product" and the reason for of recalling "your product"'; and the withdrawal or recall; b. Your lost profit resulting from such (2) Cease any further release, "covered recall". shipment, consignment or any e. Under SECTION II — LIABILITY, D. other method of distribution of like Liability and Medical Expenses Limits or similar products until it has of Insurance, the following is added: been determined that all such products are free from defects that 5. The Limits of Insurance and rules could be a cause of loss under stated below fix the most that we will this insurance. pay under this Product Recall d. Under SECTION 11 — LIABILITY, F. Expense Coverage. Liability and Medical Expenses (1) The Aggregate Limit is the most Definitions, the following additional that we will reimburse you for the definitions are added: sum of all "product recall "Covered recall" means a recall made expenses" incurred for all "product necessary because you or a government recall expenses" initiated duringthe body has determined that a known or policy period. suspected defect, deficiency, inadequacy, (2) The Occurrence Limit shown on or dangerous condition in "your product" the Summary of Coverages is the has resulted or will result in "bodily injury" most we will pay in connection or "property damage". with any one defect or deficiency. (a) All "product recall expenses" "Product recall expense(s)" means: in connection with a. Necessary and reasonable expenses substantially the same for: general harmful condition (1) Communications, including radio will be deemed to arise out or television announcements or of the same defect or deficiency and considered printed advertisements including one "occurrence". stationary, envelopes and postage; (b) Any amount reimbursed for (2) Shipping the recalled products "product recall expenses" inconnection from any purchaser, distributor or with any one "occurrence" user to the place or places will reduce the designated by you; amount of the Aggregate Limit available for (3) Remuneration paid to your regular reimbursement of "product "employees" for necessary recall expenses" in overtime; connection with any other (4) Hiring additional persons, other defect or deficiency. than your regular "employees"; (c) If the Aggregate Limit has been reduced by 391-1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 5 REVIEWED BY: EUNICE HEREDIA (PG6 of ) HF&H Consultants, Inc. Policy OBFD68147600 Effective 09/06/2018-09/06/2019 reimbursement of "product recall expenses" to an amount that is less than the Occurrence Limit, the remaining Aggregate Limit is the most that will be available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. 6. A deductible of $500 applies per each "Occurrence". 9. Unintentional Failure to Disclose Hazards Under SECTION II — LIABILITY, E. Liability and Medical Expenses General Conditions, paragraph 6. is added as follows: 6. Representations We will not disclaim coverage under this Coverage Form if you fail to disclose all hazards existing as of the inception date of the policy provided such failure is not intentional. 10. Unintentional Failure to Notify Under SECTION II — LIABILITY, E. Liability and Medical Expenses General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit, paragraph f. is added as follows: Your rights afforded under this Coverage Form shall not be prejudiced if you fail to give us notice of an 'occurrence", offense, claim or "suit", solely due to your reasonable and documented belief that the "bodily injury" or "property damage" is not covered under this Policy. 391-1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 5 of 5 REVIEWED BY: EUNICE HEREDIA (PGO ) HF&H Consultants Policy OBFD68147600 Effective 09/06/2018-09/06/2019 insured's rights against all those other insurers. c. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. premium in accordance with our rates and rules then in effect. 3. With our consent, you may continue this policy in force by paying a continuation premium for each successive one-year period. The premium must be: a. Paid to us prior to the anniversary date; and b. Determined in accordance with paragraph 2. above. d. We will share the remaining loss, if any, with any other insurance that is not described in this provision and was not 4 bought specifically to apply in excess of the Limits of Insurance shown in the Declarations for this Coverage. e. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable Limit of Insurance or none of the loss remains, whichever comes first. Our forms then in effect will apply. If you do not pay the continuation premium, this policy will expire on the first anniversary date that we have not received the premium. Undeclared exposures or change in your business operation, acquisition or use of locations may occur during the policy period that is not shown in the Declarations. If so, we may require an additional premium. That premium will be determined in accordance with our rates and rules then in effect. J. Premium Audit 1. This policy is subject to audit if a premium designated as an advance premium is shown in the Declarations. We will compute the final premium due when we determine your actual If any of the other insurance does not exposures. permit contribution by equal shares, we 2. Premium shown in this policy as advance will contribute by limits. Under this premium is a deposit premium only. At the method, each insurer's share is based on close of each audit period, we will compute the the ratio of its applicable Limit of earned premium for that period and send Insurance to the total applicable limits of notice to the first Named Insured. The due insurance of all insurers. date for audit premiums is the date shown as f. When this insurance is excess, we will the due date on the bill. If the sum of the have no duty under Business Liability advance and audit premiums paid for the Coverage to defend any claim or "suit" policy period is greater than the earned that any other insurer has a duty to premium, we will return the excess to the first defend. If no other in undertake to do so; REVIEWED BY: !��ZlliEUNICE HEREDIA (PG OF st keep records of to the i red's rights against all those the information we need for premium ot other insurers. computation and send us copies at such times Premiums 1. The first Named Insured shown in the Declarations: a. Is responsible for the payment of all premiums; and b. Will be the payee for any return premiums we pay. 2. The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal, continuation or anniversary of the effective date of this policy, we will compute the c1J vvu lllcly Iuqut,6t. Transfer of Rights of Recovery Against Others to Us 1. Applicable to SECTION I — PROPERTY Coverage: If any person or organization to or for whom we make payment under this policy has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: 391-10d3 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 80 of 81 a. Prior to a loss to your Covered Property. b. After a loss to your Covered Property only if, at time of loss, that party is one of the following: (1) Someone insured by this insurance; (2) A business firm: (a) Owned or controlled by you; or (b) That owns or controls you; or (3) Your tenant. You may also accept the usual bills of lading or shipping receipts limiting the liability of carriers. This will not restrict your insurance. Applicable to SECTION II — LIABILITY Coverage: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair such rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. REVIEWED BY:!a EUNICE HEREDIA (P F ) V. We waive any right of recovery we may have against any person or organization with whom you have a written contract, permit or agreement to waive any rights of recovery against such person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This condition does not apply to Medical Expenses Coverage. L. Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while that legal representative is acting within the scope of their duties as your legal representative. Until your legal representative is appointed, anyone with proper temporary custody of your property will have your rights and duties but only with respect to that property. 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 81 of 81 A� or CERTIFICATE OF LIABILITY INSURANCE ) ovo3i2ozo THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Dylon Riley Newfront Insurance Services, LLC PHONED Ell, (415) 754-3635 FAX xo 55 2nd Street ADDRESS: dylon.riley@newfrontinsurance.com Floor 18 San Francisco CA 94105 INSURER(S)AFFORDING COVERAGE NAIC R Citizens Ins Co e1SURERA: of America 31534 INSURED INSURER B: Hartford Casualty Ins Co 29424 HF&H Consultants, LLC INSURERC: Gemini Insurance Company 10833 INSURER D : 201 N Civic Or #230 Walnut Creek CA 94596 INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: REVISION MUM SEE: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR p POLICYNUMBER POLICY EFF MM/DDIVYYY POLICY EXP MM/DDIYYVY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR EACH OCCURRENCE $ 2,000,000 DANT MAGE TO REED PREMISES Ea occurrence $ 1,000,000 MED EXP(My one erson) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 A X OBF-D681476-02 09/06/2019 09/06/2020 GEN'L X AGGREGATE LIMIT APPLIES PER: PRO- POLICY1:1 JECTPRO- LOC GENERAL AGGREGATE $ 4,000,000 PRODUCTS -COMP/OP AGG $ 4,000,000 $ OTHER: AUTOMOBILELIABILITY COMBINED SINGLE LIMB Ea accident $ INCLUDED BODILY INJURY (Par person) $ ANY AUTO A A AUTOS LL OWNED ALTOSULED HIREDAUTOS X NON -OWNED AUTOS X OBF-D681476-02 09/06/2019 09/06/2020 BODILY INJURY (Par accident) $ X ROPERTY DAMAGE Zero- Per accitlent $ $ X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 A EXCESS LIAB CLAIMS -MADE OBF-D681476-02 09/06/2019 09/06/2020 LIED I X I RETENTION$$10,000 B WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY YIN OFFICER/MEMB R ANYPROPRlUORPARTNE /EXE=lVE ❑NIA (Mandatory In NH) If yes, describe under 57 WEC ZR5765 09/06/2019 09/06/2020 XPTERTOTH- AER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below c Professional Liability Deductible $10,000 VCPL065988 09/O6/2019 09/O6/2020 Each Claim - $2,000,000 Aggregate - $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Santa Ana, its officers, employees, agents, volunteers and representatives are listed as additional insured on the General Liability with respect to services provided by the Named Insured. Coverage is Primary & Non -Contributory. 30 Days' Notice of Cancellation With 10 Days' Notice for Non -Payment of Premium in accordance with the policy provisions. Pi.EVl I ED & APPROVED "fir. By Risk IMAN4iqEMENT DivisiON D City of Santa Ana Risk Management Division, 4th Floor 20 Civic Center Plaza Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CA 92701 AUTHORIZED REPRESENTATIVE /7 @ 1988-2014 ACORD CORPORATION. All rights ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES Limits Page 1. Additional Insured by Contract, Agreement or Permit Included 1 2. Additional Insured - Broad Form Vendors Included 2 3. Alienated Premises Included 3 4. Broad Form Property Damage - Borrowed Equipment, Customers Goods and Use of Elevators Included 3 5. Incidental Malpractice (Employed Nurses, EMT's and Paramedics) Included 3 6. Personal and Advertising Injury - Broad Form Included 4 7. Product Recall Expense Included 4 Product Recall Expense Each Occurrence Limit $25,000 Occurrence 5 Product Recall Expense Aggregate Limit $50,000 Aggregate 5 Product Recall Deductible $500 5 8. Unintentional Failure to Disclose Hazards Included 6 9. Unintentional Failure to Notify Included 6 This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below. The following changes are made to SECTION II - LIABILITY: 1. Additional Insured by Contract, Agreement or Permit The following is added to SECTION II - LIABILITY, C. Who Is An Insured: Additional Insured by Contract, Agreement or Permit (2) Premises you own, rent, lease or occupy; or (3) Your maintenance, operation or use of equipment leased to you. b. The insurance afforded to such additional insured described above: (1) Only applies to the extent permitted by law: and a. Any person or organization with whom you (2) Will not be broader than the insurance agreed in a written contract, written which you are required by the contract, agreement or permit to add such person or agreement or permit to provide for such organization as an additional insured on additional insured. your policy is an additional insured only with "bodily (3) Applies on a primary basis if that is respect to liability for injury", "property damage", or "personal and required by the written contract, written advertising injury" caused, in whole or in agreement or permit. part, by your acts or omissions, or the acts (4) Will not be broader than coverage or omissions of those acting on your behalf, provided to any other insured. but only with respect to: (5) Does not apply if the "bodily injury", (1) "Your work" for the additional insured(s) "property damage" or "personal and designated in the contract, .a re, E t o K -W%oa PR ertising injury"is otherwise excluded � this Coverage Part, permit; coverage under By Risk roe NAy RMENT DivisioMcluding any endorsements thereto. DATE: 391-1006 08 16 Includes copyrighted materials of 11 fTEBWE St ITT Li a._ ., with its permission. Page t of 6 _ 4 a , c. This provision does not apply: (1) Unless the written contract or written agreement was executed or permit was issued prior to the "bodily injury", "property damage", or "personal injury and advertising injury". (2) To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (3) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury", "property 2. damage", "personal and advertising injury" arises out of sole negligence of the lessor. (4) To any: (a) Owners or other interests from whom land has been leased if the "occurrence" takes place or the offense is committed after the lease for the land expires; or (b) Managers or lessors of premises if: (i) The "occurrence" takes place or the offense is committed after you cease to be a tenant in that premises; or (ii) The "bodily injury", "property damage", "personal injury" or "advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (5) To "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" or the offense which caused the "personal and advertising injury" involved the rendering of or failure to render any professional services by or for you. d. With respect to the insurance afforded to these additional insureds, the following is added to SECTION II - LIABILITY, D. Liability and Medical Expense Limits of Insurance: Hanover Insurance Group_ OBF D681476 5701751 The most we will pay on behalf of the additional insured for a covered claim is the lesser of the amount of insurance: 1. Required by the contract, agreement or permit described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations e. All other insuring agreements, exclusions, and conditions of the policy apply. Additional Insured - Broad Form Vendors The following is added to SECTION II - LIABILITY, C. Who Is An Insured: Additional Insured - Broad Form Vendors a. Any person or organization that is a vendor with whom you agreed in a written contract or written agreement to include as an additional insured under this Coverage Part is an insured, but only with respect to liability for "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. b. The insurance afforded to such vendor described above: (1) Only applies to the extent permitted by law; (2) Will not be broader than the insurance which you are required by the contract or agreement to provide for such vendor; (3) Will not be broader than coverage provided to any other insured; and (4) Does not apply if the "bodily injury", "property damage" or "personal and advertising injury" is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto c. With respect to insurance afforded to such vendors, the following additional exclusions apply: The insurance afforded to the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reasons of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; 391-1006 08 16 Includes copyrighted materials of Insurance Services O��Oits permission. Page 2 of 6 (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained within the exclusion in subparagraphs (4) or (6) above; or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (9) "Bodily injury" or "property damage" arising out of an "occurrence" that took place before you have signed the contract or agreement with the vendor. (10)To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (11)Any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. The most we will pay on behalf of the vendor for a covered claim is the lesser of the amount of insurance: 1. Required by the contract or agreement described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. Alienated Premises SECTION 11 - LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage k. Damage to Property, paragraph (2) is replaced by the following: (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. 4. Broad Form Property Damage - Borrowed Equipment, Customers Goods, Use of Elevators a. The following is added to SECTION II - LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage, k. Damage to Property: Paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. Paragraph (3), (4) and (6) do not apply to "property damage" to "customers goods" while on your premises nor to the use of elevators. b. For the purposes of this endorsement, the following definition is added to SECTION 11 - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Customers goods" means property of your customer on your premises for the purpose of being: a. Worked on; or b. Used in your manufacturing process. c. The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured whether primary, excess, contingent or on any other basis. 5. Incidental Malpractice - Employed Nurses, EMTs and Paramedics d. With respect to the insurance afforded to SECTION II - LIABILITY, C. Who Is An Insured, these vendors, the following is added to paragraph 2.a.0)(d) does not apply to a nurse, SECTION 11 - LIABILITY, D. Liability and Medical Expense Limits of Insurance: 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 3 of 6 emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. 6. Personal Injury - Broad Form a. SECTION II - LIABILITY, B. Exclusions, 2. Additional Exclusions Applicable only to "Personal and Advertising Injury", paragraph e. is deleted. b. SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions, 14. "Personal and advertising injury", paragraph b. is replaced by the following: b. Malicious prosecution or abuse of process. c. The following is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions, Definition 14. "Personal and advertising injury": "Discrimination" (unless insurance thereof is prohibited by law) that results in injury to the feelings or reputation of a natural person, but only if such "discrimination" is: (1) Not done intentionally by or at the direction of: (a) The insured; (b) Any officer of the corporation, director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to an "employee", not to the employment, prospective employment or termination of any person or persons by an insured. d. For purposes of this endorsement, the following definition is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Discrimination" means the unlawful treatment of individuals based upon race, color, ethnic origin, gender, religion, age, or sexual preference. "Discrimination" does not include the unlawful treatment of individuals based upon developmental, physical, cognitive, mental, sensory or emotional impairment or any combination of these. e. This coverage does not apply if liability coverage for "personal and advertising injury" is excluded either by the provisions of b the Coverage Form or any endorsement thereto. 4 Hanover Insurance Group- OBF D681476 5701751 o. Recall of Products, Work or Impaired Property is replaced by the following: o. Recall of Products, Work or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; If such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it, but this exclusion does not apply to "product recall expenses" that you incur for the "covered recall" of "your product". However, the exception to the exclusion does not apply to "product recall expenses" resulting from: (4) Failure of any products to accomplish their intended purpose; (5) Breach of warranties of fitness, quality, durability or performance; (6) Loss of customer approval, or any cost incurred to regain customer approval; (7) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; (8) Caprice or whim of the insured; (9) A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance; (10)Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; or (II)Recall of "your products" that have no known or suspected defect solely because a known or suspected defect in another of "your products" has been found. The following is added to SECTION II - LIABILITY, C. Who Is An Insured, paragraph 3.b.: 7. Product Recall Expense "Product recall expense" arising out of any a. SECTION II - LIABILITY, B. Exclusions, 1. withdrawal or recall that occurred before you Applicable To Business Liability Coverage, acquired or formed the organization. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 4 of 6 c. The following is added to SECTION II - LIABILITY, D. Liability and Medical Expenses Limits of Insurance: Product Recall Expense Limits of Insurance a. The Limits of Insurance shown in the SUMMARY OF COVERAGES of this endorsement and the rules stated below fix the most that we will pay under this Product Recall Expense Coverage regardless of the number of: (1) Insureds; (2) "Covered Recalls" initiated; or (3) Number of "your products" withdrawn. b. The Product Recall Expense Aggregate d. Limit is the most that we will reimburse you for the sum of all "product recall expenses" incurred for all "covered recalls" initiated during the policy period. c. The Product Recall Each Occurrence Limit is the most we will pay in connection with any one defect or deficiency. d. All "product recall expenses" in connection with substantially the same general harmful condition will be deemed to arise out of the same defect or deficiency and considered one "occurrence". e. Any amount reimbursed for "product recall expenses" in connection with any one "occurrence" will reduce the amount of the Product Recall Expense Aggregate Limit available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. f. If the Product Recall Expense Aggregate Limit has been reduced by reimbursement of "product recall expenses" to an amount that is less than the Product Recall Expense Each Occurrence Limit, the remaining Aggregate Limit is the most that will be available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. g. Product Recall Deductible We will only pay for the amount of "product recall exppenses" which are in excess of the $500 Product Recall Deductible. The Product Recall Deductible applies separately to each 'covered recall'. The limits of insurance will not be reduced by the amount of this deductible. We may, or will if required by law, pay all or any part of any deductible amount, if applicable. Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. The Product Recall Expense Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance. The following is added to SECTION II - LIABILITY, E. Liability and Medical Expense General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit: You must see to it that the following are done in the event of an actual or anticipated 'covered recall' that may result in "product recall expense": (1) Give us prompt notice of any discovery or notification that 'your product' must be withdrawn or recalled. Include a description of 'your product' and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance. e. For the purposs of this endorsement, the following definitions are added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in 'your product' has resulted or will result in 'bodily injury" or "property damage". 2. 'Product recall expense(s)" means: a. Necessary and reasonable expenses for: (1) Communications, including radio or television announcements or printed advertisements including stationary, envelopes and postage; 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., withtitsemnission. Page 5 of 6 1� (2) Shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) Remuneration paid to your regular "employees" for necessary overtime; (4) Hiring additional persons, other than your regular "employees" (5) Expenses incurred by "employees" including transportation and accommodations; (6) Expenses to rent additional warehouse or storage space; (7) Disposal of "your product', but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage" as a result of such disposal, you incur exclusively for the purpose of recalling "your product'; and b. Your lost profit resulting from such "covered recall". f. This Product Recall Expense Coverage does not apply: 4 Hanover Insurance Group- OBFD681476 5701751 (1) If the "products - completed operations hazard" is excluded from coverage under this Coverage Part including any endorsement thereto; or (2) To "product recall expense" arising out of any of "your products" that are otherwise excluded from coverage under this Coverage Part including endorsements thereto. 8. Unintentional Failure to Disclose Hazards The following is added to SECTION II - LIABILITY, E. Liability and Medical Expenses General Conditions: Representations We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy provided such failure is not intentional. 9. Unintentional Failure to Notify The following is added to SECTION II - LIABILITY, E. Liability and Medical Expenses General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit: Your rights afforded under this Coverage Part shall not be prejudiced if you fail to give us notice of an 'occurrence", offense, claim or "suit', solely due to your reasonable and documented belief that the "bodily injury", "property damage" or "personal and advertising injury" is not covered under this Policy. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 391-1006 08 16 Includes copyrighted materials of Insurance services Offices, Inc., with its permission. Page 6 of 6 ysl I o The Hanover Insurance Group_ OBF D681476 5701751 1. SECTION I - PROPERTY, if two or more of However, if you agree in a written this coverage part's coverages apply to contract, written agreement, or the same loss or damage, we will not pay written permit that the insurance more than the actual amount of the loss or provided to any person or damage. organization included as an 2. SECTION II - LIABILITY, it is our stated Additional Insured under this intent that the various Coverage Parts, Coverage Part is primary and forms, endorsements or policies issued to non-contributory, we will not seek the named insured by us, or any company contribution from any other affiliated with us, do not provide any insurance available to that Additional duplication or overlap of coverage for the Insured which covers the Additional same claim, "suit", "occurrence", offense, Insured as a Named Insured except: accident, "wrongful act" or loss. We will (1) For the sole negligence of the not pay more than the actual amount of Additional Insured; or the loss or damage. (2) When the Additional Insured is If this Coverage Part and any other an Additional Insured under Coverage Part, form, endorsement or another liability policy. policy issued to the named insured by us, b. Excess Insurance or any company affiliated with us, apply to the same claim, "suit", occurrence, This insurance is excess over: offense, accident, "wrongful act" or loss, (1) Any of the other insurance, the maximum Limit of Insurance under all whether primary, excess, such Coverage Parts, forms, contingent or on any other basis: endorsements or policies combined shall not exceed the highest applicable Limit of a That is Fire, Extended () ThatCoverage, Insurance under any one Coverage Part, Builder's Risk, form, endorsement or policy. Installaon Risk o' similar This condition does not apply to any coverage for "your world Excess of Umbrella Policy issued by b That is Property Insurance for () specifically to apply as excess insurance ce remises rented to you or p Y over this policy. temporarily occupied by you with permission of the owner; G. Liberalization If we adopt any revision that would broaden t is (c) by you to cover insurance ourrliab I td the coverage under this policy without as a tenant for "property additional premium within 45 days prior to or damage" to premises rented during the policy period, the broadened to you or temporarily coverage will immediately apply to this policy. occupied by you with H. Other Insurance permission of the owner; or 1. SECTION I - PROPERTY (d) If the loss arises out of the If there is other insurance covering the maintenance or use of aircraft, 'autos" or watercraft same loss or damage, we will pay only for to the extent not subject to the amount of covered loss or damage in SECTION II - LIABILITY, excess of the amount due from that other Exclusion g. Aircraft, Auto or insurance, whether you can collect on it or Watercraft; and not. But, we will not pay more than the applicable Limit of Insurance of SECTION 1 (2) Any other primary insurance - PROPERTY. available to you covering liability 2. SECTION 11 - LIABILITY for damages arising out of the premises or operations, or the If other valid and collectible insurance is products and completed available to the insured for a loss we operations, for which you have cover under SECTION 11 - LIABILITY, our been added as an additional obligations are limited as follows: insured by attachment of an a. Primary Insurance endorsement. This insurance is primary except when When this insurance is excess, we will have no duty under SECTION II - paragraph b. below applies. If this LIABILITY to defend the insured insurance is primary, our obligations are not affected unless any of the against any 'suit' if any other other insurance is also primary. Then, insurer has a duty to defend the "suit". we will share with all that other insured against that If no other insurance by the method described in insurer defends, we will undertake to paragraph c. below. do so, but we will be entitled to the 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 79 of 81 rpe I� 4 HThe 4 Hanover Insurance Group_ OBF D681476 5701751 a. Prior to a loss to your Covered We waive any right of recovery we may Property. have against any person or b. After a loss to your Covered Property organization with whom you have a only if, at time of loss, that party is written contract, permit or agreement one of the following: to waive any rights of recovery against (1) Someone insured by this such person or organization because of payments we make for injury or insurance; damage arising g out of your ongoing (2) A business firm: operations or "your work" done under a (a) Owned or controlled by you; contract with that person or or organization and included in the "products -completed operations (b) That owns or controls you; or hazard". (3) Your tenant. This condition does not apply to You may also accept the usual bills of Medical Expenses Coverage. lading or shipping receipts limiting the L. Transfer of Your Rights and Duties Under liability of carriers. This Policy This will not restrict your insurance. Your rights and duties under this policy 2. Applicable to SECTION II - LIABILITY may not be transferred without our written Coverage: consent except in the case of death of an If the insured has rights to recover all or individual Named Insured. If you die, your rights and duties will be transferred to your part of any payment we have made legal representative but only while that under this Coverage Part, those rights legal representative is acting within the are transferred to us. The insured must scope of their duties as your legal do nothing after loss to impair such representative. Until your le al 9 rights. At our request, the insured will bring "suit' or transfer those rights to us representative is a p appointed, anyone with and help us enforce them. proper temporary custody of your property will have your rights and duties but only with respect to that property. 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissCioln�> Page 81 of 81 Yv v