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22-0607_ECONOMICS, INC._1st Amd to Professional Services AgreementPage 1 of 3 61147.02100\31772369.1 AMENDMENT NO. 1 TO THE SB 1383 AND AB 1826 IMPEMENTATION ASSISTANCE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND ECO/NOMICS, INC. WHICH WILL DO BUSINESS IN CALIFORNIA AS ECAL/NOMICS, INC 1. Parties and Date. This Amendment No. 1 to the SB 1383 and AB 1826 Implementation Assistance Professional Services Agreement is made and entered into as of this 1st day of July 2022, by and between the City of San Juan Capistrano, a municipal organization organized under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 (“City”) and Eco/Nomics, Inc. Which Will Do Business in California As Ecal/Nomics, Inc., a Colorado Corporation with its principal place of business at 832 Camino del Mar, Suite 2, Del Mar, CA 92014, (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Consultant. The City and Consultant have entered into an agreement entitled “SB 1383 and AB 1826 Implementation Assistance” dated July 1, 2021, (“Agreement”) for the purpose of retaining the services of Consultant to provide implementation assistance with state regulations related to organics waste recycling. 2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to extend the term, and increase the not-to-exceed compensation amount. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Sections 3 and 24 of the Agreement. 3. Terms. 3.1 Amendment. Section 2 of the Agreement is hereby amended in its entirety to read as follows: 2. Compensation. a. Subject to paragraph 2(b) below, the City shall pay for services in accordance with Page 2 of 3 61147.02100\31772369.1 the Schedule of Charges set forth in Exhibits B and B-1, respectively. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Fifty Thousand Dollars ($50,000). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. 3.2 Amendment. Section 5 of the Agreement is hereby amended in its entirety to read as follows: 5. Term. The term of this Agreement shall be from July 1, 2021 to June 30, 2023, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). 3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.4 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 No. 1. 3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. [Signatures on Next Page] Trevor S Blythe Secretary and Vice President May 18, 2022 M E M O R A N D U M Delivered Electronically DATE: May 10, 2022 TO: Noreen Swiontek, Senior Management Analyst Public Works Department City of San Juan Capistrano 32450 Paseo Adelanto San Juan Capistrano, CA 92675 FROM: Trevor S Blythe Vice President EcoNomics, Inc. RE: Agreement to Extend Current Consulting Services Agreement with the City of San Juan Capistrano Dear Ms. Swiontek, This letter serves as ing service agreement with the City of San Juan Capistrano through June 30, 2023 to assist with SB 1383 implementation, as described in our current scope of work. Please find attached the revised Exhibit B with the updated 2-year not-to-exceed project budget in the amount of $49,999.00. Thank you for the opportunity to continue to provide environmental consulting services to the City of San Juan Capistrano. We sincerely appreciate your business. Sincerely, Trevor Blythe Vice President EcoNomics, Inc. 34185 Street of the Violet Lantern Unit 104 Dana Point, CA 92629 Mobile: 858.886.6657 https://economicsinc.net Exhibit B1: Revised, 2-year Not-to-exceed Project Budget for SB 1383 Implementation Assistance