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HomeMy WebLinkAboutItem 46 - Solid Waste Consultant Agreement Amendment – State Mandate Compliance Assistance Public Works Agency www.santa-ana.org/pw Item # 46 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 21, 2022 TOPIC: Solid Waste Consultant Agreement Amendment – State Mandate Compliance Assistance AGENDA 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 $284,920, and Exercise the One-Year Extension (Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute the third amendment to the agreement with EcoNomics Inc. to expand the solid waste consulting services scope of work, and increase the total compensation by $284,920 through the 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 The Public Works Agency has worked with EcoNomics, Inc. since 2019 on a variety of State-compliance related processes such as development of cost projections for an organics diversion program, municipal code updates related to CALGreen building standards compliance, the development of enforcement mandates for new and existing State of California mandates, development of a citywide ordinance/Santa Ana Municipal Code revisions, expansion of the CALGreen compliance program, City/County Payment Program reporting, and assistance with the transition to a new solid waste agreement. The Public Works Agency desires to amend the agreement to modify the scope of work to include additional services such as solid waste contract compliance assistance, contract transition assistance, and Senate Bill 1383 grant implementation in order 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. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. Solid Waste Consultant Services Agreement Amendment June 21, 2022 Page 2 2 7 8 9 FISCAL IMPACT The total amount of the requested amendment is $284,920. Funds will be budgeted and available for expenditure in FY 2022-23 as follows: Fiscal Year Accounting Unit – Account # Fund Description Accounting Unit, Account Description Amount 2022-23 06917640-62300 Refuse Collection Service Refuse Collection Service, Contract Services-Professional $284,920 EXHIBIT(S) 1. Third Amendment to Agreement with EcoNomics, Inc. Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager 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 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”). The term of the Agreement ran through June 30, 2020. 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. 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 not-to-exceed amount to be expended under the term of the Agreement, as amended, by Two Hundred Eighty-Four Thousand Nine Hundred Twenty Dollars and Zero Cents ($284,920) for a contract total amount of Four Hundred Ninety-Four Thousand Dollars Eight Hundred Seventy-Two Dollars and Zero Cents ($494,872) per the rates and fees attached here to as Exhibit A to this Third Amendment. 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. [signature page to follow] EXHIBIT 1 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA _______________________________ ______________________________ DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager APPROVED AS TO FORM CONSULTANT SONIA R. CARVALHO, City Attorney By:___________________________ _______________________________ BRANDON SALVATIERRA By: Deputy City Attorney Title: RECOMMENDED FOR APPROVAL ________________________________ Nabil Saba Executive Director, Public Works Agency