To:
FROM:
DATE:
SUBJECT:
CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
Honorable Mayor and Council Members
Justin J. Martin, Assistant City Manager
June 2, 2026
Approval of Amendment No. 5 to the On-Call Professional Services Agreement with EcoNomics, Inc., to provide Solid Waste Management Consulting Services
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Amendment No. 5 to the On-Call Professional Services Agreement with EcoNomics, Inc., in the not-to-exceed amount of $67,940 for Solid Waste Management Consulting Services; and,
2. Approve a not-to-exceed 20% contingency of the total contract in the amount of $13,588 for unforeseen conditions or extra work, and authorize the City Manager to approve additional work for a not-to-exceed amount of $81,528, if needed; and,
3. Authorize the City Manager to execute Amendment No. 5 to the On-Call Professional Services Agreement with EcoNomics, Inc., subject to the City Attorney making non-substantive changes.
BACKGROUND
The City's Solid Waste Franchise Agreement with solid waste hauler, CR&R Inc., contains numerous state mandates and extensive reporting requirements. Notably, in 2016, Senate Bill 1383 (SB 1383) was signed into law to reduce organic waste disposal. 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 California 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;
• 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; • 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 the City a leader in solid waste management throughout Orange County. With the City's current agreement for solid waste management consulting services set to expire at the end of the fiscal year, it is an appropriate time to award a new agreement to continue to meet the various state mandates and requirements outlined in state law and the City's Franchise Agreement.
ANALYSIS
To best serve the residents of Laguna Niguel and maintain compliance with regulations established by CalRecycle, City Staff requested a proposal from On-Call Consultant EcoNomics, Inc. 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 proposal includes the following implementation tasks that will continue to help the City maintain SB 1383 compliance. • Contract Management Assistance
• Assisting with CalRcycle Reporting Requirements
• SB 1383 Compliance Monitoring
• Edible Food Recovery Outreach
• Assisting with Additional SB 1383 Tasks as needed
EcoNomics Inc. currently provides solid waste management consulting services for the City and has extensive experience providing similar services throughout Orange County.
Based on EcoNomics Inc's qualifications, relevant experience, and proposed fee schedule, staff recommends approving Amendment No. 5 to the On-Call Professional Services Agreement with EcoNomics Inc. to provide solid waste management consulting services in the not-to-exceed amount of $67,940 (Attachment A).
Additionally, staff is recommending a not-to-exceed 20% contingency of the total contract in the amount of $13,588 for unforeseen conditions or extra work, and authorizing the City Manager to approve additional work for a not-to-exceed amount of $81,528. Staff recommends a 20% contingency, as CalRecycle is required to complete an SB 1383 compliance review of ail jurisdictions by the end of 2026, and additional work may be required, as the City has not yet been through a formal evaluation process.
ALTERNATIVES CONSIDERED
The City Council may decide not to approve Amendment No. 5 to the On-Call Professional Services Agreement with EcoNomics, Inc. Staff advises against this alternative, as the City would be without solid waste management consulting services.
FISCAL REVIEW
The Fiscal Years 2025-2027 Operating Budget contains sufficient funds for Amendment No. 5 to the On-Call Professional Services Agreement with EcoNomics, Inc.
LEGAL REVIEW
The City Attorney has reviewed and approved the Professional Services Agreement and this staff report as to form.
CONCLUSION
Staff recommends that the City Council:
1. Approve Amendment No. 5 to the On-Call Professional Services Agreement with EcoNomics, Inc., in the not-to-exceed amount of $67,940 for Solid Waste Management Consulting Services; and,
2. Approve a not-to-exceed 20% contingency of the total contract in the amount of $13,588 for unforeseen conditions or extra work, and authorize the City Manager to approve additional work for a not-to-exceed amount of $81 ,528, if needed; and,
3. Authorize the City Manager to execute Amendment No. 5 to the On-Call Professional Services Agreement with EcoNomics, Inc., subject to the City Attorney making non-substantive changes.
y Manager
Scott C. Smith
City Attorney
Attachment:
Tamara S. Letourneau
City Manager
~x.o~
Kevin X. O'Connor
Assistant to the City Manager
A. Amendment No. 5 On-Call Professional Services Agreement with EcoNomics, Inc.
ATTACHMENT A
Amendment No. 5 On-Call Professional Services Agreement with • EcoNomics Inc.
AMENDMENT NO. 5 TO AGREEMENT
FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
ECO/NOMICS, INC.
THIS AMENDMENT NO. 5 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. dba.
Ecal/Nomics, Inc., a Colorado Corporation ("Consultant"). City and Consultant may be referred to individually as "Party" or collectively as "Parties."
RECITALS
1. City and Consultant entered into an on-call professional services agreement on July 1, 2023, to provide Solid Waste Consulting and Environmental Program Assistance services on a project-by-project basis ("Agreement"). The initial term of the Agreement terminates on June 30, 2026, and may be extended administratively for two years until June 30, 2028.
2. City has requested Environmental Program Assistance services on an as-needed multi year basis from the Consultant pursuant to the terms of the Agreement.
3. Consultant submitted a written project proposal for the above requested services ("Project Proposal") pursuant to the terms of the Agreement.
4. Consultant has the qualifications and experience to render the requested services.
5. City and Consultant have entered into amendment(s) to the Agreement as detailed in "Prior Amendments to Agreement" attached hereto as Exhibit E-5.
6. City and Consultant now desire to enter into Amendment No. 5 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, 2027.
2. 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, -1-
respectively, shall govern. No other terms and conditions from the Project Proposal, other than description of scope of services or work, shall apply to this Amendment or the Agreement, unless specifically agreed to by City in writing.
3. Proiect 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-5 and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder.
4. Proiect 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-5 and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B-5, and any other provisions of this Amendment or the Agreement, the provisions of Exhibit B-5 shall govern.
5. Proiect 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-5 and incorporated herein by this reference. The total compensation ( excluding the Contingency Sum), including reimbursement for actual expenses, shall not exceed Sixty-Seven Thousand Nine Hundred Forty Dollars ($67,940) ("Compensation Sum"). This Amendment includes a contingency amount equal fo twenty 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 Eighty-One Thousand Five Hundred Twenty-Eight Dollars ($81,528) ("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-5 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.
6. 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-5 and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit D-5 and incorporated herein by this reference ( and as applicable the "Schedule of Performance" attached as Exhibit D to the Agreement).
7. Prior Amendments to Agreement. Prior amendments to the Agreement, if any, are itemized in "Prior Amendments to Agreement," attached hereto as Exhibit E-5 and incorporated herein by this reference.
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8. Consultant Representative for Project. The Consultant Representative for the work or services under this Amendment is Trevor Blythe, 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.
9. Continuing Effect of the Agreement. Except as amended by this Amendment No. 5 [and Amendment Nos. 1 through 4 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. 5 [and Amendment Nos. I through 4
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 .
11. 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. [SIGN A TURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
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
CITY:
CITY OF LAGUNA NIGUEL, a California
municipal corporation
Tamara S. Letourneau, City Manager
CONSULTANT:
Eco/Nomics, Inc., dba Ecal/Nomics, Inc., a
Colorado Corporation
By: ______________ _
Name: Trevor Blythe
Title: Secretary
By: ______________ _
Name: Trevor Blythe
Title: President
Address: 832 Camino del Mar, Suite 2
Del Mar, California 92014
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.
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EXHIBIT A-5
SCOPE OF SERVICES
I. 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 is available to perform services, described in Consultant's Proposal and City's RFP (refer to Section 1.2 for conflicts) on an on-call basis.
A-5(1)
EXHIBITB-5
SPECIAL REQUIREMENTS
(Superseding Amendment Template)
NOT APPLICABLE
B-5(1)
EXHIBITC-5
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.
C-5(1)
EXHIBITD-5
SCHEDULE OF PERFORMANCE
I. Consultant shall on an as-needed basis perform all services and deliver all work products timely in accordance with both Task Completion Schedule(s) as well as Task Completion Date(s) set in Task Proposal(s) and shall not receive additional compensation for work completed after Task Completion Date(s).
D-5(1)
EXHIBITE-5
PRIOR AMENDMENTS TO AGREEMENT
1. Amendment No. 1 to Agreement, executed on May 5, 2024, provides Environmental Program Assistance services from Consultant to City for a not-to-exceed Contract Sum (or Aggregate Contract Sum) of$121,852.
2. Amendment No. 2 to Agreement, executed on June 17, 2024, provides Environmental Program Assistance services from Consultant to City for a not-to-exceed Contract Sum (or Aggregate Contract Sum) of$3,450.
3. Amendment No. 3 to Agreement, executed on July 8, 2025, provides Environmental Program Assistance services from Consultant to City for a not-to-exceed Contract Sum (or Aggregate Contract Sum) of$19,995.
4. Amendment No. 4 to Agreement, executed on January 6, 2026, provides Environmental Program Assistance services from Consultant to City for a not-to-exceed Contract Sum (or Aggregate Contract Sum) of$38,452 and extended the term of the Agreement to June 30, 2027.
E-5(1)