Doc No. 2547482
AMENDMENT NO. 4 TO AGREEMENT BETWEEN THE CITY OF SAN MARINO AND ECONOMICS, INC.
THIS AMENDMENT NO. 4 TO THE AGREEMENT (“Amendment No. 4”) by and between the CITY OF SAN MARINO (“City”) and Economics, Inc., a California corporation (“Consultant”) is effective as of June 27, 2025. City and Consultant are collectively referred to as the “Parties.”
RECITALS
A. City and Consultant entered into that certain Agreement for Professional Services dated May 22, 2023 (“Original Agreement”) whereby Consultant agreed to provide those professional services specified in the Original Agreement.
B. City and Consultant entered into Amendment No. 1 to the Original Agreement between the City and Consultant dated October 11, 2023 to increase the compensation amount by $180,000 to a new compensation amount of $210,000
C. City and Consultant entered into Amendment No. 2 to the Original Agreement between the City and Consultant dated December 11, 2024 extending the term of the Agreement through December 31, 2025.
D. City and Consultant entered into Amendment No.3 to the Original Agreement between the City and Consultant dated February 28, 2025 to increase the compensation amount by $198,910 to a new compensation amount of $408,910 and to incorporate additional work into the Scope of Services.
E. City and Consultant now desire to amend the Original Agreement, as amended by Amendment No. 1, Amendment No. 2, and Amendment No. 3 in accordance with Section 16 of the Agreement to increase the compensation amount by $99,304 to a new compensation amount of $508,214 and to amend the Scope of Services.
TERMS
1. Contract Changes. The Original Agreement is amended as provided herein.
A. Section 3 of the Original Agreement is amended to read as follows:
3.0 Consultant’s Compensation
City will pay consultant in accordance with fee schedule set forth in Exhibit B but in no event will the City pay more than $508,214. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit B, unless otherwise approved by City in writing.
Pursuant to Section 2.06.05 of the San Marino City Code, this Agreement shall not be effective unless previously approved by the City Council if it is for professional services greater than thirty thousand dollars ($30,000.00).
Doc No. 2453984
B. Exhibit A (Scope of Services) is amended to include the attached document.
2. Continuing Effect of Agreement. Except as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3, and this Amendment No. 4, all provisions of the Original Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 4, whenever the term “Agreement” appears in the Agreement, it shall mean the Original Agreement, as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3 and Amendment No. 4.
3. Authority. The persons executing this Amendment No. 4 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 No. 4 on behalf of said party, (iii) by so executing this Amendment No. 4, such party is formally bound to the provisions of this Amendment No. 4, and (iv) the entering into this Amendment No. 4 does not violate any provision of any other agreement to which said party is bound.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 4 as of the date and year first hereinabove written.
City of San Marino Economics, Inc.
By:_____________________________ By:______________________________ Philippe Eskandar, Signature
City Manager
______________________________
Print Name and Title
Date:____________________________ Date: ____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ________________________________ Alison Walker Joe Montes
City Clerk City Attorney
EcoNomics, Inc. | Page 14
City of San Marino
Revised Scope of Work for Solid Waste and Recycling Consulting Services SECTION IV. REVISED SCOPE OF WORK FOR
SOLID WASTE AND RECYCLING SERVICES
TASK 1: CALRECYCLE CONFERENCE CALL AND ANNUAL VISIT
EcoNomics is familiar with the 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. EcoNomics assisted the City in 2023 with its site visit and conference call and is currently working with the City’s LAMD CalRecycle representative this year. The City is likely going to be facing discussions with CalRecycle’s Jurisdiction and Agency Compliance and Enforcement (JACE) on its compliance status. EcoNomics has worked with other jurisdictions who were placed on compliance orders and needed plans to be designed and implemented so that the jurisdiction avoided fines. Depending on CalRecycle’s next discussion(s) with the City we can assist the City with JACE response as needed.
For the upcoming LAMD site visit, EcoNomics will facilitate tours of the City of San Marino residential and commercial sectors as needed for CalRecycle’s annual site visit in July or August 2025.
For reference, in addition to assisting the City of San Marino with its CalRecycle Conference Call and Site Visit, EcoNomics is currently also assisting the Cities of Laguna Hills, Laguna Niguel, Lake Forest, Santa Ana, Tustin, Mission Viejo and Anaheim.
TASK 2: CALRECYCLE ELECTRONIC ANNUAL REPORT (EAR)
CalRecycle requires the submittal of an Electronic Annual Report (EAR) and arranges jurisdiction site visits for verification and inspection purposes on an annual basis. The tasks below describe the services that EcoNomics will provide to assist staff in meeting their mandated reporting duties.
In addition to the City of San Marino’s EAR submittal for calendar year 2023, EcoNomics assisted the following seven cities with gathering data for and/or drafting the Electronic Annual Report (EAR) to CalRecycle: Anaheim, Buena Park, Laguna Niguel, Lake Forest, Laguna Hills, Mission Viejo, and Tustin. 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. EcoNomics will focus its efforts on AB 341, AB 1826, and SB 1383 compliance reporting assistance vis-à-vis the annual report.
• Analysis of SB 1383 compliance rate
• Narrative summary of all outreach efforts conducted to increase compliance • Contact the hauler and review City records to obtain information on outreach used to inform residents and businesses of recycling programs
• Coordination with local food banks to determine the weight of edible materials donated EcoNomics, Inc. | Page 15
City of San Marino
Revised Scope of Work for Solid Waste and Recycling Consulting Services Over the last decade, EcoNomics has established a database and a preparation schedule for assembling the necessary information for submittal of CalRecycle’s required Electronic Annual Report (EAR). As part of the procedure, a diverse set of tonnage data is collected and verified. This comprehensive database leads to a thorough annual report that provides CalRecycle with a clear narrative that strongly demonstrates the City’s compliance with diversion mandates.
TASK 3: CALRECYCLE IMPLEMENTATION RECORD
Cities must maintain all records required by the SB 1383 regulation in an Implementation Record (14 CCR Section 18995.2). In preparation for the City’s CalRecycle Conference Call on December 9, 2024, EcoNomics worked with City staff to gather the existing documentation of the current incomplete implementation. The Implementation Record will be expanded in tandem with any compliance actions as directed by CalRecycle’s JACE division.
In preparation for the City’s upcoming CalRecycle Conference Call, EcoNomics will update the City’s Implementation Record to include all City documents and data generated to date applicable to the Implementation Record.
For reference, EcoNomics has assisted and/or currently assists with gathering data, compilation and maintenance of the Implementation Records for the Cities of Laguna Niguel, Lake Forest, Laguna Hills, Santa Ana, Anaheim, Mission Viejo and Tustin.
TASK 4: PROPOSITION 218 ASSISTANCE
The City’s previous hauler’s rates had been approved through a Proposition 218 (Prop 218) process. Due to the compressed timeframe to conduct the RFP process and select a hauler, the City’s new contract with Valley Vista Services includes the previous hauler’s rates for the first four months of the contract, from May 31 through September 30, 2025. These rates are included as Attachment D-1 to the contract.
Increases in solid waste and recycling rates require the City to conduct a Prop 218 process including preparation of a Prop 218 notice, mailing the notice to all parcel owners 45 days in advance of the Prop 218 hearing, and conducting a Prop 218 public hearing.
Utilizing the rates in Attachment D-1 allows the City the time needed to conduct a Prop 218 process for Valley Vista’s new rates which are included as Attachments D-2 and D-3 to the contract. Attachment D-2 are the rates for Valley Vista’s two-stream collection system which include utilizing Valley Vista’s Grand Central Recycling and Transfer Station, a CalRecycle designated High Diversion Organic Waste Processing Facility (HDOWPF). Attachment D-3 are the rates for Valley Vista’s three-stream collection system which would automatically go into effect if Valley Vista’s Grand Central Recycling and Transfer Station loses its HDOWPF CalRecycle designation. Both Attachments D-2 and D-3 will be included in the City’s Prop 218 process.
To assist with the City’s Prop 218 process, EcoNomics will prepare a draft of the Prop 218 notice for review and finalization by the City Attorney, as well as a drafts of documents to be posted on the City’s website during the Prop 218 process including the Attachment D-2 and Attachment D-3 rate sheets, and the administrative process for rate adjustments. EcoNomics will also prepare a draft Prop 218 hearing staff report for review and finalization by City staff and the City Attorney.
EcoNomics, Inc. | Page 16
City of San Marino
Revised Scope of Work for Solid Waste and Recycling Consulting Services EcoNomics has assisted the Cities of Lake Forest, Laguna Hills, and Tustin with the Prop 218 process in recent years.
TASK 5: UPDATE CONTRACT ATTACHMENTS B AND N, AND OTHER RELATED
ATTACHMENTS
EcoNomics prepared the City’s new SB 1383-aligned contract for the City’s Request for Proposals for Solid Waste and Recycling Services. The City received four proposals in response to its RFP. In order for the contract to fulfill the requirements of SB 1383, the contract included a three-stream collection system.
The City received a proposal from Valley Vista Services which included a two-stream collection system as Valley Vista’s Optimal Collection System. For most jurisdictions, CalRecycle requires a three-stream collection system for SB 1383, however a jurisdiction may implement a two-stream collection system if the collected materials are brought to a CalRecycle designated High Diversion Organic Waste Processing Facility (HDOWPF). The City Council approved a two-stream collection system with all collected materials from San Marino being transported to Valley Vista’s Grand Central Recycling and Transfer Station, a CalRecycle designated HDOWPF, for processing.
When drafting the contract and issuing the RFP, it was not envisioned that a proposal would be received and approved for two-stream collection and processing. Therefore, Attachment B (Scope of Work), Attachment N (Characterizations of Divertible Materials and MSW) and other attachments to the contract need to be updated to include a two-stream collection system. EcoNomics drafted Attachment B and Attachment N when drafting the contract. EcoNomics will update Attachments B and N, as well as other related attachments, to include the parameters and requirements for Valley Vista’s implementation of a two-stream collection system in San Marino through the use of the City-directed change in scope provisions in the agreement.
TASK 6: ASSIST WITH CONTRACT TRANSITION
Transitioning to a new hauler agreement requires considerable review and monitoring of the hauler’s contractual obligations to ensure that the transition is occurring as required by the City and with the least amount of disruption to the residents and businesses as possible. In order to assist the City of San Marino with the transition to the new contract, EcoNomics has included the tasks below.
As EcoNomics drafted the City’s new contract with Valley Vista Services, EcoNomics has an in-depth understanding of the various contractual mechanisms contained in the contract that can assist the City of San Marino in overseeing implementation of the City’s new contract during the transition period from June 1 through September 30, 2025. EcoNomics will assist in ensuring as smooth as possible transition to the new contract, evaluating progress and monitoring the hauler’s implementation plan for the transition period, evaluating development of outreach materials, and developing of a potential plan for early rollout of residential carts.
A summary of anticipated contract management tasks to be performed during the transition include, but are not limited to:
• Review and monitor Valley Vista’s progress with implementation plan for the transition period
• Troubleshoot operational concerns during the transition EcoNomics, Inc. | Page 17
City of San Marino
Revised Scope of Work for Solid Waste and Recycling Consulting Services • Assist with contract interpretation
• Review and monitor public outreach efforts, with special attention paid notices for new services, any added costs for customers, changes in types of service to ensure that adequate notice and explanation is provided to the affected customers • Review of format of reports to be submitted by the hauler as required by the new contract • Monitor customer service and assist in resolving any issues related to customer service • Monitor routing and assist in resolving any issues related to routing • Review schedule for submittal of hauler reports to City regarding the transition to the new contract
• Review hauler reports submitted to City regarding the transition to the new contract • Develop potential plan for early roll-out of residential carts with Valley Vista • Addressing any proposals by the hauler that materially impact costs or timing of program implementation
Further, we have assisted several cities with implementing a new contract transition in the post-SB 1383 landscape, including Tustin, Lake Forest, Laguna Hills, Laguna Niguel, Mission Viejo, Newport Beach, and Santa Ana. The weekly, bi-weekly and monthly meetings with the City, the hauler, and EcoNomics are important in keeping an open line of communication between all parties and to clearly communicate the City’s expectations. To track time sensitive contractual obligations, EcoNomics will develop a tracking document that has aggregated these items in a spreadsheet allowing for quick reference of pending deliverables. This tracking document is helpful when developing agendas for meetings with the Cities and the hauler to ensure all parties are aware of upcoming deliverables.
TASK 7: PROGRESS MEETINGS WITH CITY AND TRANSITION MEETINGS WITH
CITY AND HAULER
EcoNomics will schedule progress meetings as needed with the City regarding the CalRecycle EAR, conference call and site visit and implementation record. These meetings serve to provide updates and review status of the deliverables, and the work effort completed and in progress.
In order to ensure the new contract transition goes as smooth as possible, EcoNomics recommends two meetings per month in June, July, August and September with the City, Valley Vista, and EcoNomics.
EcoNomics will prepare and distribute agendas in advance of meetings, and distribute notes and action items after the meetings. EcoNomics will also create a tracking spreadsheet to ensure the contract requirements are being met and the tasks included in the implementation plan for the transition period are being accomplished. When appropriate, EcoNomics will hold an internal meeting with city staff to discuss and strategize about sensitive agenda items before meeting with the hauler.
The meetings listed above ensure that there is constant and open communication between the hauler and the City. The City’s expectations of the hauler will be clearly communicated in writing on the agenda and orally during the meetings to assist in ensuring as smooth of a transition as possible. In addition, the meetings allow the hauler and/or the City to raise any issues or concerns as they occur, and to work together to resolve these issues effectively and in a timely manner. That way, there are not surprises or misunderstandings on either party’s side, the City or the hauler.
EcoNomics, Inc. | Page 18
City of San Marino
Revised Scope of Work for Solid Waste and Recycling Consulting Services SECTION V. COST PROPOSAL
STAFF HOURLY RATES
Name Position Hourly Rate
William O’Toole President $235
Cerene St. John JD Attorney $290
Trevor Blythe Vice President $195
Linda Furbee JD Director $165
Lisa Robles MS Director $165
Sara Aubery Manager $145
Ian Bevan MBA Coordinator $115
Valeria Ferrufino Coordinator $115
Clarisa Gomez Coordinator $115
Bella Sullins Coordinator $115
EcoNomics, Inc. | Page 19
City of San Marino
Revised Scope of Work for Solid Waste and Recycling Consulting Services PROPOSED BUDGET – REVISED SCOPE OF WORK
*Staff hours may be moved between tasks upon City approval.