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HomeMy WebLinkAboutItem 45 - Solid Waste Consultant Agreement Amendment – Ongoing Transition AssistancePublic Works Agency www.santa-ana.org/pw Item # 45 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 21, 2022 TOPIC: Solid Waste Consulting Services Agreement Amendment — Ongoing Transition Assistance AGENDA TITLE Approve an Amendment to the Agreement with HF&H Consultants, LLC to Expand the Solid Waste Consultant Services Scope of Work, Increase the Agreement Capacity by $120,000, and Exercise the One -Year Extension (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute the third amendment to the agreement with HF&H Consultants, LLC to expand the solid waste consulting services scope of work, increase the total compensation by $100,000, plus a contingency of $20,000, for a total additional amount not to exceed $120,000, and exercise the one-year extension expiring June 30, 2023, with option to extend the term for one additional year, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION HF&H Consultants previously assisted the City in establishing the City's "Green Policy" and goals, negotiated an extension of the solid waste services agreement, developed a draft solid waste services Request for Proposal (RFP) and agreement, evaluated proposals, expanded the RFP scope of work and agreement language, initiated negotiations, prepared contracts, and provided certain contract transition services. The Public Works Agency desires to amend the agreement to modify HF&H Consultants' scope of work to include additional contract transition services such as review of public education and outreach efforts, monitoring of contract compliance and regulatory compliance, and assistance with CalRecycle matters. The term and compensation will also be amended to allow sufficient time and contract capacity for the requested services (Exhibit 1). ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. Solid Waste Consultant Services Agreement Amendment June 21, 2022 Page 2 FISCAL IMPACT The total amount of the requested amendment is $120,000. Funds have been budgeted and will be available for expenditure in FY 2022-23 as follows: Fiscal Year Accounting Unit Fund Accounting Unit, Amount — Account # Description Account Description Refuse Refuse Collection 2022-23 06917640-62300 Collection Service, Contract $120,000 Service Services -Professional EXHIBIT(S) 1. Third Amendment to Agreement with HF&H Consultants Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager EXHIBIT 1 THIRD AMENDMENT TO AGREEMENT FOR SOLID WASTE CONSULTING SERVICES THIS THIRD AMENDMENT to the above -referenced agreement is entered into on June 21, 2022, 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. The parties entered into Agreement No. A-2018-134, dated May 15, 2018, by which Consultant agreed to provide solid waste consulting services ("Agreement"). The term of the Agreement ran through June 30, 2020. B. On September 17, 2019, the Parties entered into a First Amendment to the Agreement to increase the scope of services, include additional compensation due to the increased services, and extend the term of the Agreement until June 30, 2022, with an option to extend the Agreement. C. On June 15, 2021, the Parties entered into a Second Amendment to the Agreement to increase the scope of services and add additional compensation due to the increased scope of services. The Agreement is current and in effect. D. The parties now wish to further amend the Agreement to expand the scope of work, increase the amount to be expended under the Agreement, and extend the term of the Agreement. The Parties therefore agree: 1. Section 1, Scope of Services, is further amended to include the additional services that are described on Exhibit A to this Third Amendment. 2. Section 2.a, Compensation, is amended in its entirety to increase the total sum to be expended under the term of the Agreement, as amended, by One Hundred Twenty Thousand Dollars and Zero Cents ($120,000) per the rates and fees attached hereto as Exhibit A to this Third Amendment. The sum of this amount is comprised of (1) a base amount of $100,000 and (2) a 20% contingency amount of $20,000 for services provided at the sole discretion of the City. The total amount to be expended under the term of this Agreement, including any extension period, shall not exceed $681,919. 3. Section 3, Term, is amended in its entirety to increase the term through June 30, 2023, with the option for the parties to extend the term for an additional one (1) year period. 4. Except as modified by this Third Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. [signatures on next page] IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. ATTEST DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO, City Attorney By: -'�- `--�Bfiandon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director, Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT Al By: lRra �zv= Title: