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Home My WebLink AboutItem 23 - Solid Waste Consultant Amendment: State Mandate Compliance Assistance Public Works Agency www.santa-ana.org/public-works Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 16, 2023 TOPIC: Solid Waste Consultant Agreement Amendment: State Mandate Compliance Assistance TITLE Approve an Amendment to the Agreement with EcoNomics, Inc. to Modify the Scope of Work for Solid Waste Consultant Services, Increase the Agreement Capacity in an Amount not to Exceed $634,345, and Exercise the One-Year Term Extension (Non- General Fund) RECOMMENDED ACTION Authorize the City Manager to execute the fourth amendment to the agreement with EcoNomics Inc. to expand the solid waste consulting services scope of work, increase the total compensation by $574,345, with a contingency of $60,000, for a total additional amount not to exceed $634,345, and exercise the one-year extension expiring June 30, 2024, with the option to extend the term for one additional year, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency (PWA) has had successful work history with EcoNomics, Inc. (EcoNomics). Since 2019, EcoNomics has performed on a variety of State compliance- related processes such as development of cost projections for organics diversion programs, municipal codes related to CALGreen building standards compliance and expansion of the CALGreen compliance program, development of enforcement mandates for new and existing State of California mandates, development of a citywide ordinance/Santa Ana Municipal Code revisions, City/County Payment Program reporting, and assistance with the transition to a new solid waste agreement. The Public Works Agency intends to amend the agreement to modify the scope of work to include additional services such as solid waste program compliance assistance, contract transition assistance, and Senate Bill 1383 grant program implementation to comply with state mandates (Exhibit 1). The term and compensation will also be amended to allow sufficient time and contract capacity for the requested services. Solid Waste Consultant Services Agreement Amendment May 16, 2023 Page 2 3 9 8 FISCAL IMPACT The total amount of the requested amendment is $634,345. Funding for FY 2023-24 will be included in the proposed budgets for City Council consideration. Fiscal Year Accounting Unit – Account # Fund Description Accounting Unit, Account Description Amount 2023-24 06917640-62300 Refuse Collection Service Refuse Collection Service, Contract Services- Professional $634,345 EXHIBIT(S) 1. Fourth Amendment to Agreement with EcoNomics, Inc. Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager 1 FOURTH AMENDMENT TO AGREEMENT FOR SOLID WASTE CONSULTING SERVICES THIS FOURTH AMENDMENT to the above-referenced agreement is entered into on May 16, 2023, by and between EcoNomics, Inc. (“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. N-2019-080, dated April 1, 2018, by which Consultant agreed to develop cost projections for an organics diversion program compliant with state law (“Agreement”). B.On June 16, 2020, 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, 2021. C.On June 15, 2021, the Parties entered into a Second 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. D.On June 21, 2022, the Parties entered in a Third Amendment to expand the scope of work, increase the amount and extend the term of the Agreement. E. The Parties now wish to further amend the Agreement to expand the scope of work, increase the amount to be expended, and add a one (1)-year renewal option. The Parties therefore agree: 1.Section 1, Scope of Services, shall be amended to include the additional services described and set forth in Exhibit A attached hereto, and incorporated herein by this reference. 2.Section 2.a, Compensation, shall be amended to increase the compensation by $574,345, plus a contingency of $60,000, for a total amount not to exceed $634,345, as described and set forth in Exhibit A, for the remainder of the term of this Agreement. 3.Section 3, Term, shall be amended to extend the term for an additional one year period from July 1, 2023 through June 30, 2024, with the option for the City to grant up to a one (1)-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15 of this Agreement. 4.Except as modified by this Fourth Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. [Signature page to follow] EXHIBIT 1 2 IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA _______________________________ ______________________________ JENNIFER L. HALL KRISTINE RIDGE City Clerk City Manager APPROVED AS TO FORM CONSULTANT SONIA R. CARVALHO, City Attorney By:___________________________ _______________________________ JOSE MONTOYA By: Assistant City Attorney Title: RECOMMENDED FOR APPROVAL ________________________________ NABIL SABA, P.E. Executive Director, Public Works Agency Trevor Blythe Secretary and Vice President 1 City of Santa Ana EcoNomics Proposed Budget Outline Fiscal Year 2023-24 1.Baseline CalRecycle Consulting Proposal – Task Items •Task 1: CalRecycle Assistance o Task Items §Assist with Corrective Action Plan (CAP) oversight and reporting •Every 2-month meetings with JACE •Every 2-month reports §Assist with completion of 2022 and 2023 electronic annual reports to CalRecycle, including additional SB 1383 reporting elements §Assist with processing/verifying SB 1383 waivers referred by Republic §Assist in developing enforcement protocol for code enforcement §Prepare for and attend annual CalRecycle site visit/conference call §Assist with Form 303 submittal §Assist with developing implementation record-keeping as required by SB 1383 §CalRecycle troubleshooting, as need o Budget: $71,700 o SB 1383 Local Assistance Grant Eligibility: Full •Task 2: CALGreen o Task Items §Assist City with development of C&D deposit system §Assist in staff training for permit technician §Develop forms for use by permit tech §Compile reports and data for CalRecycle §Assist with enclosure standards development §Assist with projects on an ‘as-needed’ basis o Budget: $30,040 o SB 1383 Local Assistance Grant Eligibility: Partial •Task 3: Franchise Management o Task Items §Prepare for and attend meetings with City and hauler §Prepare for and attend meetings with Republic recycling coordinators to manage implementation effort §Review of reports and other contractual deliverables §Query Recyclist to assess implementation pacing and efficacy §Assist with outreach design and review EXHIBIT A 2 § Assist with franchise interpretation, as needed o Budget: $75,665 o SB 1383 Local Assistance Grant Eligibility: Partial • Task 4: Edible Food Recovery Assistance o Task Items § Analysis of listing to identify Tier 2 generators § Develop checklist for site inspections § Conduct site inspections to verify compliance for approx. 150 Tier 2 generators § Provide technical assistance to non-compliant generators § Provide reports to City and file in City’s internal SB 1383 implementation record § Coordinate with County to submit implementation planning documents o Budget: $47,540 o SB 1383 Local Assistance Grant Eligibility: Full • Task 5: General Support and Other Tasks as Assigned o Task Items § Other compliance and franchise management related tasks, as needed o Budget: $25,040 o SB 1383 Local Assistance Grant Eligibility: Partial • Total annual budget Tasks 1-5 o $249,985 Table 1. Task 1 – 5 Budget Table Summary 3 2. Additional SB 1383 Program Implementation Assistance Options, As Directed By City • Provide 3 FTE Recycling Coordinators to assist with SB 1383 automatic enrollment program implementation for 8 months o Task Items § Provide 3 FTE recycling coordinators to assist with SB 1383 program implementation efforts for July 1, 2023 – February 29, 2024 to accelerate compliance with Corrective Action Plan (CAP) § Provide direct technical assistance to generators to implement state- mandated programs and training § Includes additional management oversight and intern-level clerical support § *Assumes City has activated automatic enrollment approach, otherwise CAP goals are not attainable under current implementation pacing and timeline o Budget: $324,360 o Tasks 1-5 + Option 3 Budget: $574,345 o SB 1383 Local Assistance Eligibility: Full • Additional Optional, As Directed On-site Residency • Provide director-level on-site staffing at Civic Center 2 days per week to assist with managing the SB 1383 automatic enrollment process Table 2: Optional Tasks, as Directed by the City 4 Table 3: Total Budget with Optional Tasks, As Directed by the City 5