CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Justin J. Martin, Assistant City Manager
DATE: May 7, 2024
SUBJECT: Approval of Amendment No. 1 to the Professional Services Agreement for On-Call Professional Services with EcoNomics, Inc. to Provide Solid Waste Management Consulting
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Amendment No. 1 to the Professional Services Agreement for On-Call Professional Services with EcoNomics, Inc. to provide solid waste management consulting services for a total not-to-exceed amount of $121,852 to assist with implementing Senate Bill 1383; and,
2. Authorize the City Manager to execute Amendment No. 1 and future amendments to the Professional Services Agreement for On-Call Professional Services with EcoNomics, Inc., subject to the City Attorney making non-substantive changes.
BACKGROUND
Senate Bill No. 1383 (SB 1383) was signed into law on September 19, 2016, to reduce organic waste disposal by 75% and increase edible food recovery by 20% by 2025. SB 1383 is the most significant waste reduction mandate adopted in California in the last 30 years. As a result of SB 1383 and the regulations established by the Department of Resources Recycling and Recovery (CalRecycle), all cities in California must implement the following practices to be considered compliant:
• Provide organic waste recycling services to all residents and businesses; • Inspect and enforce compliance with SB 1383 by adopting an enforcement ordinance;
• Implement an edible food recovery program that recovers edible food from the waste stream;
• Conduct outreach and education to all affected parties, including generators, haulers, facilities, and edible food recovery organizations; 2 • Procure recycled organic waste products like compost, mulch, and renewable natural gas; and,
• Maintain accurate and timely records of SB 1383 compliance for annual reporting requirements.
The City's proactive approach to implementing SB 1383 requirements has made it a leader throughout Orange County. The City is frequently cited as an exemplary model by CalRecycle for the City's implementation of SB 1383 programs. In 2022, CalRecycle administered a one-time grant program intended to provide aid in the implementation of regulations adopted by CalRecycle. The City utilized that grant funding to successfully implement organic recycling programs in multi-family properties along with additional SB 1383 requirements.
ANALYSIS
CalRecycle is now administering a second round of one-time grant funding to provide agencies with additional assistance in SB 1383 implementation. The City received $175,628 in grant funding from CalRecycle. The grant program provides cities with funding to assist with the implementation of regulation requirements associated with SB 1383. While the City is well-positioned to meet the requirements established by SB 1383, areas of increased focus have been identified. These areas include edible food recovery assistance, contamination reduction, education and outreach, and other auxiliary tasks.
To best serve the residents of Laguna Niguel and maintain compliance with regulations established by CalRecycle, staff requested a proposal from On-Call Consultant EcoNomics, Inc. (Attachment A). EcoNomics, Inc. is on the City's approved list of On-Call Environmental Program Services firms and is the only approved On-Call Consulting firm that provides solid waste management consulting. EcoNomics, Inc.'s proposal includes the following implementation tasks that will continue to help the City gain additional SB 1383 compliance:
• Edible food recovery program assistance
• CalRecycle reporting requirements assistance
• Assisting the City with contamination minimization oversight • Conducting education and outreach activities
• Assisting with additional SB 1383 tasks as needed
EcoNomics Inc. currently provides solid waste management and SB 1383 implementation consulting services for the City and has extensive experience providing a similar scope of services throughout Orange County. Based on EcoNomics Inc.'s qualifications, relevant experience, and proposed fee schedule, staff recommends approving Amendment No. 1 to the On-Call Professional Services Agreement with EcoNomics, Inc. to provide additional assistance in implementing SB 1383 (Attachment B). 3 ALTERNATIVES CONSIDERED
1. The City Council may decide not to approve Amendment No. 1 to the On-Call Professional Services Agreement with EcoNomics Inc. and direct statt to seek alternative uses for the grant funds. Staff advises against this alternative as it could open the City to potential risk with CalRecycle Regulations related to SB 1383 compliance.
2. The City Council may decide not to approve Amendment No. 1 to the On-Call Professional Services Agreement with EcoNomics Inc. and direct staff to issue an RFP. Staff believes issuing an RFP will not result in more desirable proposals and would delay the implementation of necessary outreach and compliance efforts.
FISCAL REVIEW
CalRecycle disperses SB 1383 Local Assistance Grant Program funds to the City. In total, the City will receive $175,628 from CalRecycle, with $121,852 awarded as part of this Professional Services Agreement and the remaining $53,776 in grant funding being utilized to cover administrative costs. Staff has included the grant funding revenue and proposed expenditures in the proposed Fiscal Year 2024-2025 Operating Budget. Grant funds not expended in the Fiscal Year 2024-2025 will carry over to the FY 2025-2026 Operating Budget.
LEGAL REVIEW
The City Attorney's Office has reviewed Amendment No. 1 to the On-Call Professional Services Agreement and has approved the agreement as to form.
CONCLUSION
Staff recommends that the City Council:
1. Approve Amendment No. 1 to the Professional Services Agreement for On-Call Professional Services with EcoNomics, Inc. to provide solid waste management consulting services for a total not-to-exceed amount of $121,852 to assist with implementing Senate Bill 1383; and,
2. Authorize the City Manager to execute Amendment No. 1 and future amendments to the Professional Services Agreement for On-Call Professional Services with EcoNomics, Inc., subject to the City Attorney making non-substantive changes. 4 Jamasa l Retousan.
Tamara S. Letourneau Justin J. Martin
City Manager Assistant City Manager
Kevin X. OComon TuA
Kevin X. O'Connor Trevor Agrelius
Management Assistant Finance Director
Attachments:
A. EcoNomics Inc. Proposal for Senate Bill 1383 Implementation Assistance B. Amendment No. 1 to On-Call Professional Services Agreement with EcoNomics Inc.
ATTACHMENT A
EcoNomics Inc. Proposal for Senate Bill 1383 Implementation Assistance EcoNomics
DATE: April 9, 2024
TO: Kevin O'Connor
Management Assistant
City Manager's Office
City of Laguna Niguel
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
FROM: Trevor Blythe
Vice President
EcoNomics, Inc.
RE: Proposal for SB 1383 Assistance
Per the City's request, EcoNomics has developed the following scope of work to assist the City with implementing programs mandated by SB 1383. A description of each proposed task and a proposed not-to-exceed budget is enclosed.
Edible Food Recovery - Personnel
Edible Food Recovery Assistance: Outreach, Inspections, and Recordkeeping SB 1383 requires the City to develop an edible food recovery program. Among other requirements, SB 1383 requires the City to conduct site inspections to all Tier 1 and 2 edible food generators to verify that they have edible food recovery programs in place.
This effort, by definition, will require consulting staff to provide on-the-ground technical assistance for all Tier 2 generators coupled with a concerted marketing and outreach effort to notify generators of their compliance requirements. EcoNomics is currently assisting the City of Laguna Niguel with this effort. During the Tier 2 site visits that began in 2023, EcoNomics noted a 100% rate of non-compliance. Many Tier 2 generators, which include restaurants, hotels, hospitals, and venues, do not have existing infrastructure for and knowledge about successful edible food recovery programs and will need technical assistance to attain compliance.
As part of this task, EcoNomics will conduct the following actions:
1. Update and maintain list of Tier 1 and Tier 2 edible food generators located within the City.
2. Identify non-compliant Tier 1 and Tier 2 edible food generators.
3. Conduct inspections to Tier 1 and Tier 2 edible food generators to assess compliance status and, if necessary, communicate steps to attain compliance. 1 4. Follow up with the following for food recovery data annually: food recovery organizations/services (2024), Tier 1 (2024) edible food generators, Tier 2 generators (2025).
5. Provide technical assistance to Tier 2 edible food generators to develop edible food recovery programs, including referring non-compliant generators to local food recovery organizations.
6. Prepare SB 1383 edible food recovery compliance report for City.
The City has distributed an initial notification and conducted an educational site visit to Tier 2 generators regarding SB 1383 food recovery requirements. In addition to these efforts made in 2023, the City should consider distributing a second 'notice of inspection' to all Tier 2 generators in 2024 notifying them that the City will conduct site inspections to verify compliance with the edible food recovery requirements of SB 1383.
In 2024, EcoNomics will conduct site inspections to all Tier 2 generators and non- compliant Tier 1 generators to verify compliance. After the completion of this effort, EcoNomics will provide a listing of Tier 1 and Tier 2 generators that are compliant and non-compliant to the City for possible enforcement action under Section 6-3-704 of the City's municipal code. Each Tier 1 and Tier 2 generator will have a file in the City's SB 1383 Implementation Record (Dropbox), that is shared between the City and EcoNomics.
These files will contain the completed site inspection checklist, photos or copies of the edible food recovery contract, photos of edible food set aside for collection, weight reports for edible food, and other files that will help verify compliance. These files are required to be kept per the SB 1383 implementation recordkeeping requirements and can be requested by CalRecycle at any time. This database can also be shared with code enforcement officials in an evidentiary capacity in case enforcement action is needed in 2024 to ensure compliance. Additionally, a summary table, in Excel, will be provided to the City to detail which Tier 1 and Tier 2 generators have compliant edible food recovery programs, which need additional verification, and which need enforcement action. This listing will be maintained in the City's SB 1383 Implementation Record section for edible food recovery.
Capacity Planning Assistance
The City is required by SB 1383 to provide details to assist the County in its edible food recovery and organics capacity planning. Per the Orange County Waste and Recycling August 24, 2023 quarterly meeting, facilitated by the County of Orange, the County's capacity planning timeline is as follows:
November 2023 In depth review of capacity planning will be presented at the 11/30/2023 Recycling Coordinators meeting
February 2024 Surveys will be sent to all Orange County jurisdictions May 2024 Jurisdiction surveys due back 5/31/2024
June 2024 County to begin review of surveys
2 July 2024 County to inform jurisdictions with insufficient capacity reported to submit an implementation schedule to CalRecycle
August 2024 County to submit 2024 capacity reports to CalRecycle EcoNomics will assist the City in completing edible food recovery and organics capacity planning surveys from the County of Orange. In August 2023, the County announced that the two surveys would be similar to those distributed in 2021-2022 to jurisdictions.
EcoNomics assisted the City with these 2021-2022 capacity planning surveys and has a plan outlined for outreach, analysis, and completion. The actions detailed below are based on these previous capacity planning efforts, including previous County surveys that were distributed and completed. EcoNomics will conduct the following actions for edible food capacity planning:
1. Update lists of Tier 1 and Tier 2 food generators in case any new businesses should be included based on recent CalRecycle guidance.
2. Using CalRecycle- and EcoNomics-developed calculators, and existing reported data from food generators, estimate pounds of edible food donated annually from Tier 1 and Tier 2 generators.
3. Obtain amount of edible food donated from food recovery organizations.
4. Identify types of edible food donated and types of food donors.
5. Communicate with food recovery organizations on existing and potential capacity, as well as needed resources for effectively recovering and distributing edible food.
6. Any other associated food recovery capacity planning tasks.
EcoNomics will conduct the following actions for organics capacity planning:
1. Identify the amount in tons of existing, new, or expanded organic waste recycling infrastructure capacity.
2. Produce or compile documentation to demonstrate verifiably available capacity for each resource identified in Item 1.
3. If needed, estimate the amount of new or expanded organic waste recycling facility capacity that is necessary to process the estimated amount of organic waste that will be disposed by organic waste generators.
4. Any other associated organics capacity planning tasks. 3 Personnel
Behavior Change and Education Assistance
Reports from CR&R on waste characterizations and in-field contamination audits from 2019-2023 indicate these findings: (1) food scrap recycling in the residential and multi- family streams are not being used by all residents and (2) common contaminants are continuously found in the trash, recycling, and organics streams. CR&R's franchise agreement requires that educational material is distributed with quarterly (residential) or monthly (commercial/multi-family) billings, and CR&R staff must conduct onsite waste audits and communication with commercial business owners/managers twice per year.
Across the City, these efforts alone have yielded low participation in food scrap recycling programs and high contamination in trash and recycling programs.
EcoNomics will engage with property managers and business owners regarding their obligations in SB 1383 compliance with their residents/tenants, specifically requirements in state law and local ordinance that annual educational touchpoints be provided to tenants and that contamination monitoring be conducted by the property managers. Often CR&R is engaging directly with residents/businesses for training of participation in particular recycling programs). EcoNomics staff will instead focus on providing educational resources that will equip property managers with the tools to conduct these annual educational and monitoring requirements. EcoNomics will emphasize buy-in from the onsite management to increase participation and decrease contamination. This is continued relationship-building between the City and community, and it may open opportunities to identify 'recycling champions' in each community, explore train the trainer' model, and expand more community-based effort for behavior change.
Finally, EcoNomics will assist the City with creating or overseeing a Citywide community- based social marketing (CBSM) campaign to educate residents and businesses on SB 1383 recycling requirements. The campaign will follow the 5-step CBSM process and extensive feedback from the City and/or community will be solicited for each step. The five steps are as follows:
1. Selecting Behaviors: Identify desired behavior change. In this case, reducing contamination in the 3-stream program and increasing participation in the green container.
2. Identifying Barriers & Benefits: Determine barriers to participation such as knowledge, odors, space in the kitchen and compelling reasons for participation (i.e., cost savings, environmental benefits, etc.). This step may include receiving feedback from community members.
3. Developing Strategies: Based on data gathered in Steps 1 and 2, develop strategies to address the barriers and amplify the benefits to encourage the desired behavior change. Strategies could include a targeted social media campaign, door- to-door outreach to residents, the provision of an additional kitchen pail, etc.
4. Piloting Test Strategies: To determine efficacy, pilot the strategies on small groups and closely track outcomes. This step would require baselining per household 4 contribution rates and contamination rates so the impact of various pilot strategies can be empirically assessed.
5. Implementing & Evaluating: Based on the results of the most successful pilot campaign, scale the campaign to the entire city and track outcomes.
EcoNomics can oversee the above-described process and has the capabilities to develop a social media marketing campaign to engage residents and business owners of Laguna Niguel in the City's recycling and organics recycling efforts. The campaign will focus on increasing participation in recycling and organics recycling programs and reducing common contaminants from those programs. EcoNomics can develop a more comprehensive CBSM proposal if the City is interested in procuring these services through EcoNomics. If the City chooses to hire a third-party marketing firm, EcoNomics can instead work with the firm of choice to oversee and to provide feedback and technical assistance for the marketing campaign.
Monthly Meetings and Report Analysis
Monthly meetings with the City, the hauler, and the City's consultant are important in keeping an open line of communication between all parties and to clearly communicate the City's expectations for the hauler to assist with SB 1383 implementation. To track time sensitive contractual obligations related to SB 1383, EcoNomics has developed a tracking document that has aggregated these items in a spreadsheet that allows for quick reference of pending deliverables. This tracking document is helpful when developing agendas for monthly meetings with the City and the hauler to ensure all parties are aware of upcoming deliverables.
EcoNomics is familiar with the reporting requirements in CR&R's Agreement and Attachments, as they relate to SB 1383. Each month, and as other recurring reports are submitted, working with City Staff, EcoNomics will review CR&R's submitted reports and identify areas of inquiry that are then reviewed at the monthly meetings. This monthly format of meeting with the City's hauler was established by staff and EcoNomics and has proven worthwhile in maintaining accurate reporting and program monitoring and oversight.
Specific attention will be directed towards overseeing and analysis of CR&R's performance of the reporting protocols in the following attachments: Attachment H "Density Audit Protocols" and Attachment N "Processing Facility Characterizations and Onsite Field Container Contamination Audit Protocols". These are requirements derived from contamination minimization requirements contained in the regulations for SB 1383.
Contamination Minimization Oversight and Assistance
The City's hauler CR&R Environmental Services is conducting SB 1383-aligned contamination minimization efforts on behalf of the City of Laguna Niguel. These efforts include waste characterizations (also known as 'SB 1383 waste evaluations') and in-field contamination audits (also known as 'SB 1383 route reviews') for residential, commercial, and multi-family streams. The processes for these efforts are outlined in the City and CR&R's Franchise Agreement, Attachment N. The City is reporting CR&R's efforts to the State and in their SB 1383 Implementation Record.
EcoNomics will conduct an audits) of the waste characterizations and in-field audits to ensure that they are being conducted by CR&R staff as directed by Attachment N, which aligns with SB 1383 requirements for contamination minimization efforts. This would include any review of existing reporting that has been submitted by CR&R for preparation of audits), communication with CR&R and the City about expectations, audit of waste characterization and in-field audits conducted by CR&R staff, and provision of recommendations for improving processes to best align with SB 1383 and its recordkeeping requirements. Additionally, EcoNomics will conduct any follow-up monitoring of existing recycling and organics recycling programs for residential, muiti- family, and commercial streams, as needed. EcoNomics will prepare a report for the City on observations from waste characterizations, in-field audits, and/or monitoring.
Organic Waste Program Implementation Assistance
The City's Franchise has built in implementation of the SB 1383 organics collection for single-family, multi-family, and commercial organic material generators. As of March 2024, the City's large majority of single-family, multi-family, and commercial generators have access to SB 1383-compliant recycling and organics recycling programs. Since 2019, the City and CR&R have focused on supplying the appropriate infrastructure for successful recycling programs. Hauler data provided in 2019-2024 for waste characterizations and in-field contamination audits show that each sector has potential to make significant improvements in recycling program participation and reduction in contamination.
If, after consultation with City staff, EcoNomics is needed to assist CR&R in "on-the- ground" implementation efforts, a portion of EcoNomics' budget could be applied to direct assistance for SB 1383 implementation, and assistance in trouble shooting with respect to access, enclosure solutions, and other implementation barriers.
EcoNomics will also assist with preparation of generator compliance notifications related to SB 1383 compliance, education, and outreach. The City is required to notify non- compliant generators and provide edible food recovery education. For this task, EcoNomics would assist the City by drafting letters, developing paper and online reporting forms (if necessary), managing responses, and tracking implementation progress for the following notifications, as needed:
1. Single-family generators
2. Multi-family generators
3. Commercial generators
4. Edible food recovery - Tier 1 generators
5. Edible food recovery - Tier 2 generators
6 6. School district
Enforcement Protocol Development Assistance
The City adopted an SB 1383-aligned mandatory participation ordinance. The ordinance requires all generators to subscribe to organics recycling programs. EcoNomics will assist the City in developing a standard operating procedure (SOP) for the fair and equitable enforcement of the City's ordinance. The SOP will include the following components:
• Process and template field sheet for initial site assessment Process for assessing compliance
• Process for gathering evidentiary documentation that could be used if the citation is appealed
• Process for issuing and monitoring a notice of violation • Process for issuing first, second, third, and subsequent citations Process for evaluating a non-compliant account referred by a franchise hauler • Process for evaluating the compliance of an internal diversion program In addition to developing the SOP, EcoNomics will provide training to the City's code enforcement staff on how to implement the SOP.
Procurement of recovered organic waste products (ROWP) Assistance SB 1383 requires the City to develop procurement systems to ensure that an annual tonnage target of recovered organic waste products (ROWP) materials are purchased.
Based on the City's 2021 population of approximately 65,000, the City will be required to purchase over 5,200 tons of compost per year (or an equivalent amount of energy or fuel products derived from organic materials). With passage of AB 1985, the City will be challenging to jurisdictions throughout Orange County and the state. EcoNomics will conduct the following actions to assist the City with SB 1383 procurement compliance on an as needed basis:
• Assist City with interpretation of SB 1383 ROWP requirements • Assist City in processing amendments to contracts for 'direct-service providers' to require the application of mulch or compost products or to use RNG • Develop procurement tracking and reporting system internally and with City's vendors
• Assist in reporting procurement targets to CalRecycle • Assess feasibility and cost-efficacy of brokered option of purchasing compost for application outside of City limits
• Other procurement-related tasks, as needed
CalRecycle Assistance
On an annual basis, CalRecycle conducts an annual conference call and site visit to assess compliance with AB 341, AB 1826, and SB 1383. Beginning in 2022, the focus of this conference call for Laguna Niguel is SB 1383 implementation efforts. EcoNomics is familiar with the Orange County CalRecycle Local Assistance and Market Development (LAMD) representatives and how data gathered during the site visits and conference calls is used to assess a jurisdiction's compliance. In our experience, providing accurate data that documents SB 1383 implementation efforts, verifiable diversion tonnage reporting, and concurrent outreach activities are all critical to demonstrating compliance.
EcoNomics will prepare and facilitate the CalRecycle annual conference call and site visit agendas and, when applicable, facilitate tours of properties that showcase innovative and cost-saving diversion programs for CalRecycle's annual site visit.
EcoNomics currently assists the City of Laguna Niguel with gathering data for and drafting the Electronic Annual Report (EAR) to CalRecycle. The annual reporting process is an important opportunity for the City to showcase its diversion programs and to demonstrate its compliance with state diversion mandates.
As part of its preparation of the annual report, EcoNomics takes the following actions and gathers the following data points to provide CalRecycle a holistic picture of the City's diversion programs:
• Review tonnage reports for the reporting year to determine diversion quantities for commercial, residential, and special event sectors
• Contact the CalRecycle to obtain exact California Redemption Value recycling activity at buyback centers within the City limits
• Review County of Orange reports to obtain self-haul and salvage figures from County landfills
• Contact local scrap yards and auto centers to determine number of tires and amount of scrap metal recycled in reporting year
• Review hauler tonnage reports, contact local construction and demolition (C&D) processing facilities, and review City records of C&D ordinance compliance forms to determine the amount of C&D materials diverted during reporting year • Contact hauler and review City records to obtain information on outreach used to inform residents and businesses of recycling programs
• Coordinate with County of Orange to obtain quantities of hazardous materials and electronic waste taken to County facilities by Laguna Niguel residents • Contact local golf courses, schools, and parks to determine acreage turf in which mulching mowers were used to cut grass
• Coordinate with State government agencies to quantify internal diversion activities at local state agency offices
• Analyze the City's Capital Improvement Project (CIP) bid sheets to quantify the diversion of materials crushed and reused as road base and to determine the tons of rubberized asphalt used in the City
8 • Coordination with local food banks and pantries to determine the weight of edible materials donated
• Coordinate with landscaping contractors to determine tons of landscaping waste diverted from the landfill
Over the last 15 years, EcoNomics has established a database and a preparation schedule for assembling the necessary information for submittal of CalRecycle's required Electronic Annual Report (EAR). This refined data collection process and the incorporated efficiencies will be applied to the preparation of Laguna Niguel's annual report. As part of the procedure, a diverse set of tonnage data is collected and verified. This solid database leads to a thorough annual report that provides CalRecycle with a clear narrative that strongly demonstrates Laguna Niguel's compliance with diversion mandates.
Record Keeping
City's SB 1383 Implementation Record Maintenance
Jurisdictions are to maintain all records required by the SB 1383 regulation in an Implementation Record (14 CCR Section 18995.2). At a minimum, the following records Secon require are required to be maintained in the Implementation Record:
• Ordinances and Enforceable Mechanisms
• Written Program Descriptions
• Organic Waste Service Collection
• Contamination Minimization, including Route Reviews and Waste Evaluations • Waivers and Exemptions
• Education and Outreach
• Jurisdiction Oversight of Hauler Programs
• Edible Food Recovery
• Recovered Organic Waste Product Procurement
• Paper Procurement
• Inspection and Enforcement
• Compliance Reviews
• Investigation of Complaints and Alleged Violations
The EcoNomics team will maintain the City's SB 1383 Implementation Record and ensure that the City's recordkeeping is complete. EcoNomics will use two tools to maintain the City's Implementation Record:
(1) Cloud Storage: A third-party, cloud-based software (Dropbox) is used for online file storage and file sharing. The City is able to access these files at any time as (2) CalRecycle's Model Implementation Record Tool: EcoNomics will update and annotate CalRecycle's model recordkeeping tool. The tool will serve as a landing "page" for all the City's required SB 1383 records. The tool is a workbook consisting 9 of multiple tabs specific to each of the recordkeeping sections mentioned above.
EcoNomics will gather information and records from the City, its representatives, and its contractors to populate the Implementation Record. CalRecycle's Model Implementation Record Tool is included as a clickable link here.
EcoNomics has compiled the City's SB 1383 Implementation Record in a shared folder structure and by using CalRecycle's Implementation Record tool. Some items in the Implementation Record must be completed once (i.e., written program descriptions) while others must be maintained regularly with up-to-date documentation (i.e., contamination minimization, education and outreach, inspections). EcoNomics will assist with completion and updating of all recordkeeping sections, including communication directly with City staff and the City's contractors) (i.e., City's hauler CR&R Environmental Services). EcoNomics will work with the City's hauler to ensure that their records are uploaded and stored appropriately in the City's recordkeeping system on Dropbox. 10 Proposed Budget
The table below shows the proposal project budget. EcoNomics may request minor adjustments of hours between tasks with prior City approval. Other personnel not included in the table below may be brought in based on project flow with prior approval from the City.
Vice Project Program
President Manager Coordinator
Ferrufino, TOTAL
Riley, Cisneros, STAFF TOTAL COST
Proposed Laguna Niguel Budget Blythe Gomez, HOURS Per
Nguyen Task*
Bevan
• $223.00 $119.00 $99.00
Task 1. Edible Food Recovery - Personnel
(Outreach, Inspections, Recordkeeping, Capacity 20 72 220 312 $ 34,808.00 Planning)
Task 2. Personnel
(Education, Contamination Minimization Oversight,
Enforcement, Procurement, CalRecycle Assistance, 105 325 195 625 $ 81,395.00 Monthly Meetings, Report Analysis,
Implementation Assistance)
Task 3. Recordkeeping 5,649.00
8 20 15 43 $
(Implementation Record)
Total: 133 417 430 980 $ 121,852.00
11 ATTACHMENT B
Amendment No. 1 to On-Call Professional Services Agreement with EcoNomics Inc.
AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
ECO/NOMICS, INC.
FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES ("Amendment") is made and entered into by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and Eco/Nomics, Inc. doa Ecal/Nomics, Inc., a Colorado Corporation ("Consultant"). City and Consultant may be referred to individually as "Party" or collectively as "Parties."
RECITALS
City and Consultant entered into an on-call professional services agreement on July 1, 2023 to provide on-call professional services ("Agreement"). The initial term of the Agreement terminates on June 30, 2026.
City has requested Environmental Programs Assistance services on an as-needed multiyear basis from the Consultant pursuant to the terms of the Agreement.
Consultant submitted a written project proposal for the above requested services ("Project Proposal") pursuant to the terms of the Agreement.
Consultant has the qualifications and experience to render the requested services.
5. City and Consultant have entered into amendments) to the Agreement as detailed in "Prior Amendments to Agreement" attached hereto as Exhibit E-1.
6. City and Consultant now desire to enter into Amendment No. 1 to the Agreement for the performance by Consultant of the requested services for City.
AGREEMENT
In consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
1. Project Term. This Amendment shall become effective as of the date stated above and, unless earlier terminated in accordance with Article 7 of the Agreement, shall continue in full force and effect until June 30, 2026.
Consultant Project Proposal. The Project Proposal from Consultant, for this Amendment to the Agreement, shall be incorporated herein by this reference as though fully set forth herein. The Scope of Services shall include the scope of services or work included in the Project Proposal. In the event of any inconsistency or any conflict between the terms of the Project Proposal, and the Agreement or this Amendment, the terms of the Agreement or this Amendment, respectively, shall govern. No other terms and conditions from the Project Proposal, other than -1-
description of scope of services or work, shall apply to this Amendment or the Agreement, unless specifically agreed to by City in writing.
Project Scope of Services. In compliance with all terms and conditions of the Agreement and this Amendment, Consultant shall provide on an as-needed basis those services specified in the "Scope of Services" attached hereto as Exhibit A-1 and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder.
4. Project Special Requirements. Additional terms and conditions of this Amendment, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit B-1 and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B-1, and any other provisions of this Amendment or the Agreement, the provisions of Exhibit B-1 shall govern.
Project Compensation and Contract Sum. Subject to any limitations set forth in the Agreement and this Amendment, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit C-1 and incorporated herein by this reference. The total compensation (excluding the Contingency Sum), including reimbursement for actual expenses, shall not exceed One Hundred Twenty One Thousand Eight Hundred Fifty Two Dollars ($121,852) ("Compensation Sum"). This Amendment includes a contingency amount equal to zero percent of the Compensation Sum (Contingency Sum") to account solely for additional work, or unforeseen conditions, related to the services. The total compensation including the Contingency Sum), including reimbursement for actual expenses, shall not exceed One Hundred Twenty One Thousand Eight Hundred Fifty Two Dollars ($121,852) ("Contract Sum"), unless additional compensation is approved pursuant to Section 1.5 of the Agreement. The Consultant shall obtain written approval from the City for any use of the Contingency Sum.
Compensation may include reimbursement, for actual and necessary expenditures, if both specified in either the Schedule of Compensation (Exhibit C-1 to this Amendment) or the Schedule of On- Call Compensation (Exhibit C to the Agreement), as well as approved by City in advance. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services, Consultant shall promptly notify the City Representative of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
Project Schedule of Performance. Consultant shall commence as-needed services pursuant to this Amendment upon receipt of a written notice to proceed pursuant to Exhibit A-1 and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit D-1 and incorporated herein by this reference (and as applicable the "Schedule of Performance" attached as Exhibit D to the Agreement).
Prior Amendments to Agreement. Prior amendments to the Agreement, if any, are itemized in "Prior Amendments to Agreement," attached hereto as Exhibit E-1 and incorporated herein by this reference.
-2-
Consultant Representative for Project. The Consultant Representative for the work or services under this Amendment is Trevor Blythe, Vice President, 858-886-6657.
[email protected], who is authorized to act on Consultant's behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Amendment to the Agreement. Therefore, the representative shall be responsible during the term of this Amendment for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. For purposes of this Amendment, the representative may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City.
Continuing Effect of the Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 1.
10. Affirmation of the Agreement. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each Party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
12. Authority. The persons executing this Amendment on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said Party, (iii) by so executing this Amendment, such Party is formally bound to the provisions of this Amendment, and (iv) entering into this Amendment does not violate any provision of any other agreement to which said Party is bound. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the date and year first-above written.
CITY:
CITY OF LAGUNA NIGUEL, a California
municipal corporation
Tamara S. Letourneau, City Manager
ATTEST:
Marissa J. Asistin, City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA:
Scott C. Smith, City Attorney
CONSULTANT:
Eco/Nomics, Inc. dba Ecal/Nomics, Inc., a
Colorado Corporation
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairperson of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.) APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
01405.0001/854102.3 -4-
EXHIBIT A-1
SCOPE OF SERVICES
All work product is subject to review and acceptance by City, and must be revised by Consultant without additional charge to City until found satisfactory and accepted by City.
II. Consultant will perform as-needed services described in the Project Proposal dated April 9, 2024. The Consultant has been selected to provide services of a certain nature which will be readily available for a fixed rate when needed. However, before any work is performed, the Consultant must provide a specific written proposal for any requested services and get written approval of the terms of the proposal from the City, as such process is more fully described herein. Unless specifically defined, eacl ategory or type of work listed in the Project Proposal shall be construed broadly ti Ill. Work Request Procedure
A. Task(s) to be performed shall be set forth in a written request ("Request") produced by the City Representative, with a description of the work to be performed, and the time desired for completion. All tasks shall be carried out in conformity with all provisions of this Amendment and the Agreement.
B. Following receipt of the Request, the Consultant shall prepare a "Task Proposal" that includes the following components:
(1) a written description of the requested tasks) including all components and subtasks, and including any clarifications of the descriptions provided in the Request;
(2) the costs to perform the tasks) ("Task Budget");
(3) an explanation of how the cost was determined; and
(4) a schedule for completion of the tasks) ("Task Completion Schedule"), including a final completion date ("Task Completion Date").
C. City Representative shall approve, modify, or reject the Task Proposal in writing, and issue a written notice to proceed when a written agreement has been reached between the Parties on the Task Proposal.
D. The task(s) shall be performed at a cost not exceeding the Task Budget.
E. Consultant shall complete the tasks) and deliver all deliverables to City by the Task Completion Date and in accordance with the Task Completion Schedule.
A-1(1)
Consultant acknowledges that City has no obligation to request work from Consultant under this Amendment or the Agreement. City may establish a rotation schedule with multiple consultants, and may seek competing Task Proposals.
A-1(2)
EXHIBIT B-1
SPECIAL REQUIREMENTS
(Superseding Amendment Template)
NOT APPLICABLE
B-1(1)
EXHIBIT C-1
SCHEDULE OF COMPENSATION
I. City will compensate Consultant for the services performed upon submission of a valid invoice, as described in Section 2.2 of the Agreement.
II. The total compensation for the services provided pursuant to this Amendment shall not exceed the total of the Contract Sum, as provided in Section 5 of this Amendment.
III. Consultant will be compensated for services provided pursuant to this Amendment pursuant to the fees and rates in Exhibit C of the Agreement and in accordance with description in the Project Proposal.
C-1(1)
EXHIBIT D-1
SCHEDULE OF PERFORMANCE
I.
compensation for work completed after Task Completion Date(s).
D-1(1)
EXHIBIT E-1
PRIOR AMENDMENTS TO AGREEMENT
NONE
E-1(1)