Agenda packet — San Dimas City Council, August 27, 2024 (part 2 of 2)

FNMA - FEDL NAT MTG ASSN POOL BALLOON - 5 YEAR BOND 3138L8UV4 2.92% 4.85% 1/1/2025 $300,000.00 $269,541.09 FEDERAL NATIONAL MEETING ASSN- 5 YEAR BOND 3136G4A86 0.50% 0.55% 7/21/2025 $250,000.00 $237,417.50 FEDERAL FARM CREDIT BANK BOND - 4 YEAR BOND 3133ENEH9 1.13% 1.13% 11/17/2025 $250,000.00 $237,177.50 FEDERAL HOME LOAN BANK -- 5 YEAR BOND 3130AL2G8 0.60% 0.75% 2/18/2026 $250,000.00 $232,730.00 FNMA - DISC BOND - 3YEAR 3138LDPW7 2.68% 4.58% 5/1/2026 $250,000.00 $224,788.35 FEDERAL NATIONAL MEETING ASSN- 2 YEAR BOND 3138LDYL1 2.47% 4.93% 6/1/2026 $500,000.00 $475,740.50 FEDERAL HOME LOAN BK BD - 5 YEAR BOND 3130ANMH0 1.10% 1.42% 8/20/2026 $250,000.00 $230,890.00 FEDERAL NATIONAL MEETING ASSN- 3 YEAR BOND 3135GALL3 5.15% 5.15% 1/11/2027 $500,000.00 $499,875.00 FEDERAL HOME LOAN BK BD - 4 YEAR BOND 3130AUSR6 5.00% 5.03% 2/9/2027 $500,000.00 $500,205.00 FEDERAL FARM CREDIT BANK - 5 YEAR BOND 3133ENSZ4 2.75% 2.75% 4/1/2027 $250,000.00 $237,485.00 FEDERAL HOME LOAN MTG CORP (FHLMC) - 5 YEAR BOND 3134GXTZ7 3.50% 3.50% 5/26/2027 $250,000.00 $246,795.00 FARMER MAC - 3 YEAR BOND 31424WKN1 5.23% 5.23% 6/25/2027 $500,000.00 $499,140.00 FEDERAL HOME LOAN BK BD - 5 YEAR BOND 3130ASF53 3.25% 3.41% 6/30/2027 $500,000.00 $494,525.00 FEDERAL HOME LOAN BK BD - 5 YEAR BOND 3130ASZ69 4.05% 4.08% 8/27/2027 $250,000.00 $244,450.00 FEDERAL NATIONAL MEETING ASSN- 5 YEAR BOND 3140LBSE4 1.09% 4.38% 3/1/2028 $350,000.00 $306,226.20 FEDERAL FARM CREDIT BANK - 4.5 YEAR BOND 3133EPP90 5.50% 5.50% 6/21/2028 $1,000,000.00 $997,040.00 FEDERAL HOME LOAN - 5 YEAR BOND 3130AWMJ6 5.75% 5.75% 7/26/2028 $500,000.00 $499,545.00 FEDERAL HOME LOAN BANK - 5 YEAR BOND 3130AY6S0 5.42% 5.42% 12/21/2028 $500,000.00 $497,920.00 FEDERAL FARM CREDIT BANK- 5 YEAR BOND 3133EPX59 5.43% 5.43% 1/23/2029 $750,000.00 $746,812.50 FEDERAL HOME LOAN MTG CORP (FHLMC) - 5 YEAR BOND 3134H1RV7 5.35% 5.38% 2/8/2029 $500,000.00 $497,185.00 FEDERAL NATIONAL MEETING ASSN- 5 YEAR BOND 3135GAN31 5.20% 5.23% 2/14/2029 $500,000.00 $497,055.00 FEDERAL HOME LOAN MTG CORP (FHLMC) - 5 YEAR BOND 3134H1UZ4 5.00% 5.14% 2/26/2029 $500,000.00 $496,085.00 FEDERAL HOME LOAN MTG CORP (FHLMC) - 5 YEAR BOND 3134H1UF8 5.75% 5.75% 2/28/2029 $500,000.00 $499,205.00 FEDERAL NATIONAL MEETING ASSN- 5 YEAR BOND 3140NUUA5 4.52% 4.52% 3/1/2029 $500,000.00 $494,206.00 FEDERAL FARM CREDIT BANK - 5 YEAR BOND 3133EP4N2 5.68% 5.68% 3/7/2029 $500,000.00 $499,675.00 FEDERAL HOME LOAN MTG CORP (FHLMC) - 5 YEAR BOND 3134H1XW8 5.80% 5.80% 3/28/2029 $500,000.00 $498,260.00 FEDERAL FARM CREDIT BANK- 5 YEAR BOND 3133ERAE1 5.62% 5.62% 4/9/2029 $500,000.00 $499,470.00 FEDERAL FARM CREDIT BANK- 5 YEAR BOND 3133ERBB6 5.42% 5.42% 4/16/2029 $300,000.00 $299,352.00 FEDERAL HOME LOAN MTG CORP (FHLMC) - 5 YEAR BOND 3134H1B85 5.75% 5.75% 4/16/2029 $500,000.00 $500,130.00 FEDERAL HOME LOAN MTG CORP (FHLMC) - 5 YEAR BOND 313H1S61 5.75% 5.75% 5/15/2029 $250,000.00 $248,760.00 FREDDIE MAC BOND - 5 YEAR BOND 3134H1Y23 5.09% 5.09% 6/12/2029 $250,000.00 $247,810.00 FARMER MAC BOND - 5 YEAR BOND 31424WKP6 5.70% 5.70% 6/25/2029 $500,000.00 $499,965.00 $13,455,461.64
BANK OF AMERICA - 5 YEAR BOND 06048WP20 1.25% 1.25% 9/24/2026 $250,000.00 $226,807.50 BANK OF AMERICA - 5 YEAR BOND 06055JEC9 5.50% 5.50% 4/19/2028 $500,000.00 $501,045.00 APPLE INC - 10 YEAR CORPORATE BOND 037833CR9 3.20% 3.30% 5/11/2027 $250,000.00 $239,582.50 SADDLEBACK VALLEY - 7.75 YEAR BOND (MUNICIPAL BOND) 786318LF0 2.40% 3.41% 8/1/2027 $250,000.00 $233,222.50 $1,200,657.50
U.S TREASURY BILL - 3 MONTH 912797KC0 5.27% 5.27% 8/22/2024 $3,050,000.00 $3,026,972.50 U.S TREASURY BILL - 3 MONTH 912797JS7 5.09% 5.25% 7/18/2024 $745,000.00 $743,152.40 U.S TREASURY BILL - 4 MONTH 912797LU9 5.11% 5.27% 10/22/2024 $1,010,000.00 $993,476.40 U.S TREASURY BILL - 4 MONTH 912797HE0 5.08% 5.27% 10/31/2024 $1,050,000.00 $1,031,604.00 U.S TREASURY BILL - 6 MONTH 912797LP0 5.01% 5.20% 12/12/2024 $565,000.00 $551,818.55 $6,347,023.85
APPLE BANK FOR SVGS NEW YORK - 2 YEAR CD 03784JTK0 3.20% 3.20% 7/22/2024 $246,000.00 $245,603.94 AUSTIN TELCO FED CR - 2 YEAR CD 052392BM8 3.40% 3.40% 8/12/2024 $249,000.00 $248,419.83 AMERICAS CHRISTIAN CR - 2 YEAR CD 03062CAD4 3.40% 3.40% 8/30/2024 $248,000.00 $247,144.40 FIRST TECH FCU - 18 MONTH CD 33715LEX4 5.25% 5.25% 10/15/2024 $248,000.00 $247,900.80 DART BANK - 2.5 YEAR CD 237412AR2 3.00% 3.00% 12/20/2024 $249,000.00 $246,243.57 DIRECT FEDERAL CREDIT UNION - 2.5 YEAR CD 5460FDD5 3.00% 3.00% 12/23/2024 $249,000.00 $246,196.26 TECHNOLOGY CREDIT UNION - 2 YEAR CD 87868YAG8 5.00% 5.00% 1/21/2025 $249,000.00 $248,594.13 VERIDIAN CREDIT UNION - 2 YEAR CD 92348DAB5 4.75% 4.75% 1/21/2025 $249,000.00 $248,235.57 EVOLVE FEDL CR UN - 1 YEAR 30053QAB1 5.30% 5.30% 3/12/2025 $249,000.00 $248,917.83 STIFEL GOVERNMENT SPONSORED ENTERPRISES (GSE) AGENCY BONDS INVESTMENTS SUBTOTAL:

INVESTMENT HELD WITH STIFEL:

STIFEL COMMERCIAL & MUNICIPAL BONDS SUBTOTAL:

STIFEL TRESURY BILLS INVESTMENT SUBTOTAL:

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SAFRA NATL BANK OF NY - 3 YEAR CD 78658RHM6 2.00% 2.00% 3/24/2025 $248,000.00 $242,139.76 LIVE OAK BANK- 5 YEAR CD 538036LD4 1.40% 1.40% 3/31/2025 $249,000.00 $241,928.40 MEDALLION BANK - 5 YEAR CD 58404DGR6 1.60% 1.60% 3/31/2025 $248,000.00 $241,274.24 CLEARPATH FEDERAL CU BURBANK- 2 YEAR CD 18507MAA9 5.15% 5.15% 4/28/2025 $248,000.00 $247,833.84 DISCOVER BK - 3 YEAR CD 254673B70 2.80% 2.80% 4/28/2025 $247,000.00 $242,101.99 UTAH COMMUNITY CU - 2 YEAR CD 917352AB2 4.80% 4.80% 4/28/2025 $248,000.00 $247,159.28 FLAGSTAR BANK - 5 YEAR CD 33847E3D7 1.15% 1.17% 4/29/2025 $248,000.00 $239,741.60 HSBC BANK - 5 YEAR CALLABLE CD 44329ME33 1.30% 1.30% 5/7/2025 $248,000.00 $239,811.04 INSTITUTION FOR SVGS - 3 YEAR CD 45780PBL8 3.10% 3.10% 5/20/2025 $249,000.00 $244,395.99 CARTER FEDERAL C.U 3 YEAR CD 14622LAC6 3.00% 3.00% 6/23/2025 $249,000.00 $243,758.55 CORP AMERICA FAMILY CU - 1 YEAR CD 219873AG1 5.25% 5.25% 6/30/2025 $248,000.00 $248,158.72 HUGHES FED CR - 2 YEAR CD 444425AA0 5.25% 5.25% 6/30/2025 $248,000.00 $248,124.00 MID AMERICAN CU - 2 YEAR CD 59522NAE4 5.25% 5.25% 6/30/2025 $248,000.00 $248,133.92 MERITRUST CR UN - 3 YEAR CD 59001PAS8 3.35% 3.35% 7/8/2025 $249,000.00 $244,430.85 CREDIT UNION OF TEXAS - 3 YEAR CD 22551KAB8 3.30% 3.30% 7/22/2025 $246,000.00 $241,212.84 TVA CMNTY CR UN - 3 YEAR CD 87305MAB6 3.25% 3.25% 8/4/2025 $249,000.00 $243,927.87 RESOURCE ONE CR UN - 3 YEAR CD 76124YAE6 3.30% 3.30% 8/18/2025 $249,000.00 $243,925.38 IDEAL CREDIT UNION - 3 YEAR CD 45157PAY6 4.00% 4.00% 8/29/2025 $249,000.00 $245,802.84 ALABAMA CREDIT UNION - 3 YEAR CD 01025RAB5 3.60% 3.60% 9/22/2025 $249,000.00 $244,498.08 UNIVERSITY CREDIT UNION - 3 YEAR CD 914242AA0 4.00% 4.00% 9/26/2025 $249,000.00 $245,645.97 BARCLAYS BANK - 4 YEAR CD 06740KNT0 1.00% 1.00% 12/15/2025 $248,000.00 $233,903.68 US ALLIANCE FED C.U - 4 YEAR CD 90352RCD5 1.35% 1.35% 1/28/2026 $249,000.00 $235,158.09 FARMERS & MERCHANTS BANK- 3.5 YEAR CD 3078115EL9 3.20% 3.20% 2/5/2026 $249,000.00 $242,102.70 CFG COMMUNITY BANK - 3.5 YEAR CD 12527CFL1 3.80% 3.80% 3/11/2026 $245,000.00 $240,401.35 ALASKA US FEDERAL CREDIT UNION - 3 YEAR CD 011852AH3 5.15% 5.15% 3/23/2026 $248,000.00 $248,711.76 CMNTY CAPITAL BANK- 4 YEAR CD 20033A2Z8 2.60% 2.60% 4/14/2026 $249,000.00 $239,007.63 BAXTER CR UN - 4 YEAR CD 07181JAD6 3.05% 3.05% 6/22/2026 $249,000.00 $240,402.03 CATHOLIC & COMMUNITY CR UNION - 3 YEAR CD 14919NAA8 5.30% 5.30% 6/22/2026 $248,000.00 $248,069.44 INSPIRE FEDERAL CREDIT UNION - 3 YEAR CD 457731AQ0 5.00% 5.00% 6/30/2026 $248,000.00 $248,555.52 NEW YORK COMMUNITY BANK - 5 YEAR CD 649447UZ0 0.70% 0.70% 7/1/2026 $249,000.00 $229,333.98 SALLIE MAE BK SALT LAKE CITY UT - 5 YEAR CD 795451AB9 1.00% 1.00% 7/21/2026 $248,000.00 $229,330.56 FIRST STATE BANK - 4 YEAR CD 33650TAH3 3.60% 3.60% 9/16/2026 $249,000.00 $242,336.76 QUORUM FED CR - 4 YEAR CD 74909LAB6 3.85% 3.85% 9/23/2026 $249,000.00 $243,596.70 PENTAGON FEDERAL CR UN - 5 YEAR CD CUSIP #70962LAS1 70962LAS1 0.90% 0.90% 9/29/2026 $249,000.00 $227,912.19 ONPATH FEDERAL CREDIT UN - 4 YEAR CD 68283MAF3 3.25% 3.25% 9/30/2026 $249,000.00 $240,367.17 HAWAII CENTRAL FCU - 3 YEAR CD 419700AG4 5.50% 5.50% 10/27/2026 $248,000.00 $251,400.08 BANK UNITED NA - 5 YEAR CD 066519RW1 1.35% 1.35% 12/8/2026 $248,000.00 $227,894.64 BANK HAPOALIM BM - 5 YEAR CD 06251A3K4 1.35% 1.35% 12/16/2026 $248,000.00 $227,805.36 CONNEXUS CREDIT UNION - 5 YEAR CD 20825WAR1 1.25% 1.25% 12/23/2026 $249,000.00 $227,914.68

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AMERANT BANK - 5 YEAR CD 02357QAQ0 1.60% 1.60% 2/16/2027 $248,000.00 $228,127.76 PIMA CREDIT UNION- 4.5 YEAR CD 722000AA4 5.15% 5.15% 2/17/2027 $248,000.00 $249,664.08 METRO CREDIT UNION - 5 YEAR CD 59161YAP1 1.70% 1.70% 2/18/2027 $249,000.00 $229,406.19 BEAL BANK PLANO TEXAS - 5 YEAR CD 07371AZQ9 2.05% 2.05% 3/3/2027 $248,000.00 $230,488.72 BEAL BANK USA LAS VEGAS - 5 YEAR CD 07371CK81 2.05% 2.05% 3/3/2027 $248,000.00 $230,488.72 SPOKANE TEACHERS CR 849061AF3 4.75% 4.75% 3/25/2027 $249,000.00 $248,178.30 MORGAN STANLEY- 5 YEAR CD 61773TDN0 3.00% 3.00% 4/29/2027 $246,000.00 $233,800.86 GENERATION BANK ROGERS AR CD - 5 YEAR CD 37149CAV9 3.10% 3.10% 5/6/2027 $249,000.00 $237,212.34 DEPARTMENT OF COMMERCE - 5 YEAR CD 24951TAT2 3.25% 3.25% 5/13/2027 $249,000.00 $238,136.13 WELLS FARGO SIOUX FALLS - 3 YEAR CD 949764PA6 4.85% 4.85% 5/28/2027 $249,000.00 $248,765.94 CREDIT UNION NEW JERSEY - 3 YEAR CD 22552BAA9 5.40% 5.40% 7/9/2027 $248,000.00 $248,000.00 TRUSTONE FINL CR UN - 5 YEAR CD 89841MAF4 3.40% 3.40% 7/19/2027 $249,000.00 $238,641.60 BMO HARRIS BANK - 5 YEAR CD 05600XHE3 3.55% 3.55% 7/27/2027 $247,000.00 $237,754.79 THIRD FEDL S&L ASSN - 5 YEAR CD 88413QDM7 3.40% 3.40% 7/27/2027 $245,000.00 $234,815.35 CMNTY COMMERCE BANK CLAREMONT- 5 YEAR CD 20367GBH1 3.30% 3.30% 8/10/2027 $249,000.00 $237,837.33 ST VINCENT MED CTR CR - 5 YEAR CD 85279AAA0 3.50% 3.50% 8/12/2027 $249,000.00 $239,266.59 PITTSBURG CITY HALL FCU - 5 YEAR CD 72500MAA3 3.60% 3.60% 8/16/2027 $249,000.00 $240,631.11 SHARONVIEW FCU - 5 YEAR CD 819866BL7 3.50% 3.50% 8/16/2027 $249,000.00 $239,274.06 GHS FEDERAL CREDIT UNION - 5 YEAR CD 36266LAA4 3.80% 3.80% 9/15/2027 $249,000.00 $241,378.11 ROGUE CREDIT UNION - 5 YEAR CD 77535MAG8 5.20% 5.20% 12/23/2027 $249,000.00 $249,074.70 NEW ORLEANS FIREMANS FCU - 5 YEAR CD 647608AH1 5.00% 5.00% 7/17/2028 $248,000.00 $251,266.16 FIRST FOUNDATION BANK - 4 YEAR D 32026U5R3 4.70% 4.70% 5/10/2028 $244,000.00 $244,029.28 FIRST FED SVGS - 3 YEAR CD 32023HBT4 5.25% 5.25% 6/28/2027 $248,000.00 $247,657.76 NUMERICA CREDIT UNION - 5 YEAR CD 67054NBK8 5.10% 5.10% 7/31/2028 $248,000.00 $252,263.12 GREEN STATE CREDIT UNION- 5 YEAR CD 39573LEL8 5.00% 5.00% 8/29/2028 $248,000.00 $251,524.08 ALLIANT CREDIT UNION- 5 YEAR CD 01882MAH5 5.35% 5.35% 11/15/2028 $248,000.00 $255,380.48 $17,918,529.37
$48,440,518.54
$81,449,318.52
Amount % of Portfolio Amount % of Portfolio
$4,409,246.69 5% 45,831,973.64 $ 57%
$9,320,168.70 11% 16,960,568.33 $ 20%
$19,279,384.59 24% 18,656,776.55 $ 22%
$15,409,629.14 18% $ 100% 81,449,318.52
$5,548,233.55 7%
$7,156,102.34 9% 1.41
$20,326,553.51 25% 4.05%
$81,449,318.52 100%
Michael O'Brien Administrative Services Director/City Treasurer Prepared by: Jennifer Legaspi
TOTAL CD's/GSE BONDS/ CORPORATE BONDS/TREASURY BILLS

TOTAL OF ALL INVESTMENTS
STIFEL CD'S INVESTMENT SUBTOTAL:

The above investments have met the requirements as stated in the City's Annual Investment Policy.

CALTRUST

GSE AGENCY BONDS

COMMERCIAL BONDS
U.S TREASURY BILLS

NEGOTIABLE CERTIFICATES OF DEPOSIT
3 Yrs. to 5 Yrs.

Total

LOCAL AGENCY INVESTMENT FUND (LAIF)

TOTAL OF ALL INVESTMENTS
Weighted Average Maturity in Years
Weighted Average Yield
Maturity Range
1 Day to 1 Yr.
1 Yr. to 3 Yrs.

INVESTMENTS BY TYPE INVESTMENTS BY MATURITY

CHECKING & MONEY MARKET ACCOUNTS/CASH ON HAND
Type

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Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of August 27, 2024
From: Chris Constantin, City Manager
Prepared by: Lauren Marshall, Sr. Management Analyst
Subject: Award of Contract to Charles Abbott Associates, Inc. for Inspection Services in the amount of $274,585.60 Over Five Years and Approve Overall Project Budget of $356,961.14 including Contingency and City Overhead Costs; Approval of Resolution 2024-58 and Associated Fee Schedule for the Industrial/Commercial Facility Inspection Program as Mandated by the National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Order No. R4-2021-0105 and the Short-Lived Climate Pollutants Bill: Organic Waste Reductions (SB 1383); Approval of SB 1383 Local Assistance Grant to Subsidize SB 1383 related inspections and Authorize the City Manager to execute Contract with Charles Abbott Associates in a Form Approved by the City Attorney.
____________________________________________________________________________

SUMMARY
State law requires that cities perform inspections on Industrial/Commercial facilities within their jurisdiction. These inspections are required due to SB 1383 (The Short-Lived Climate Pollutants Bill) and the National Pollutant Discharge Elimination System (NPDES) Permit for the Municipal Separate Storm Sewer system (MS4) Order No. R4-2021-0105. SB 1383 Inspections are required to be performed annually and stormwater inspections must be performed every two years.

To reduce the frequency of these inspections and reduce costs to businesses, staff is proposing to combine the inspections where possible. Staff solicited request for proposal through a formal bid process and received one bid from Charles Abbott Associates, Inc. The proposed Resolution 2024-58 outlines the fee schedule for each type of inspection for Industrial/Commercial Facilities based on the proposal received from Charles Abbott Associates, Inc. This report recommends entering into a five-year contract with the consultant for these inspections in the amount of $274,585.60, with a contingency of 15% ($41,187.83).

Historically, stormwater inspection costs have been passed through to the business subject to these inspections. Staff is proposing to use SB 1383 Local Assistance Grant funds to offset the cost of the SB 1383 component of the Industrial/Commercial Inspections. Currently, there is no funding available to off-set the stormwater inspection costs to businesses.

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Award Contract to Charles Abbott Associates, Inc.; Approve Resolution 2024-58 and Associated Fee Schedule for the Industrial/Commercial Facility Inspection Program Page 2 For the Meeting of August 27, 2024

RECOMMENDATION
City staff recommends that the City Council:

1. Award of Contract to Charles Abbott Associates, Inc. for Industrial/Commercial Inspections in the Amount of $274,585.60 including contingency over a period of five years.

2. Authorize appropriation of $27,068.69 from the General Fund to NPDES Professional Services (001.4341.024.020) and Revenue Account 001.322.005 to reflect inspection fees collected from businesses in addition to the budgeted $50,000 for a total of $77,068.69 and allocate $24,245.39 from the 2023 SB 1383 Local Assistance Grant (012.4310.020.008) to subsidize SB 1383 related inspections.to offset costs incurred by San Dimas businesses.

3. Adoption of Resolution 2024-58 approving associated Fee Schedule for the Industrial/Commercial Facility Inspection Program as Mandated by the National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Order No. R4-2021-0105 and the Short-Lived Climate Pollutants Bill:

Organic Waste Reductions (SB 1383).

4. Authorize the City Manager, or his designee, to execute the Contract with Charles Abbott and Associates in a form approved by the City Attorney.

FISCAL IMPACT
In order to comply with the MS4 Permit and SB 1383 mandates, the City is required to inspect and perform outreach to industrial/commercial facilities. There are approximately 350 businesses that meet this definition City-wide. Resolution 2024-58 (Attachment 1) proposes the Award of Contract to Charles Abbott Associates, Inc. and adopts new fees associated with these mandatory inspections.

The total contract amount for Charles Abbott Associates (Attachment 2) to complete Industrial/Commercial Inspection Program as mandated by the MS4 Permit and SB 1383 Programs is projected to cost $88,099.20 when completing both types of inspections bi-annually and projected to cost $5,144.95 when completing only the annual SB 1383 inspections. This contract is projected to cost $274,585.50 over five years, and up to $315,773.33 including the 15% contingency. Per the proposed agreement these costs will also be subject to an annual CPI adjustment. As stormwater inspections are only required every other year, the contract amount reflects the gap years in inspections:

Below are the inspection fees as proposed by Charles Abbott Associates, Inc. with the City’s 15% overhead fee included. This will be the first time SB 1383 inspection and outreach fees have been included in the City’s fee schedule. Previously, Industrial/Commercial Inspections on their own were charged as a pass through and $365 per business per inspection.

SB 1383 Organics Grant
Projected Consultant Fee Consultant Contingency Cost (15%) Total Consultant Cost with Contingency Year 1 FY 2024-25 $ 88,099.20 $ 13,214.88 $ 101,314.08
Year 2 FY 2025-26 $ 5,143.95 $ 771.59 $ 5,915.54
Year 3 FY 2026-27 $ 88,099.20 $ 13,214.88 $ 101,314.08
Year 4 FY 2027-28 $ 5,143.95 $ 771.59 $ 5,915.54
Year 5 FY 2028-29 $ 88,099.20 $ 13,214.88 $ 101,314.08
Total $ 274,585.50 $ 41,187.83 $ 315,773.33

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Award Contract to Charles Abbott Associates, Inc.; Approve Resolution 2024-58 and Associated Fee Schedule for the Industrial/Commercial Facility Inspection Program Page 3 For the Meeting of August 27, 2024
To offset these costs and minimize the number of times a business must be inspected, staff is proposing the use of SB 1383 Grant Funds for those business subject to annual SB 1383 edible food recovery inspections.

On February 28, 2024, the City of San Dimas was awarded a second SB 1383 Organics Grant in the amount of $96,342. This grant may be used for the implementation of the SB 1383 program including inspections of edible food generators and food recovery organizations. This funding may also be used for other aspects of SB 1383, such as education and outreach, SB 1383 program evaluation, procurement, and record keeping to name a few. Staff is proposing that $24,245.39 of these funds be appropriated to FY 2024-25 to offset the costs to businesses by that must be inspected for SB 1383 compliance. This will leave $72,096.61 for other aspects of SB 1383 Program implementation and compliance such as outreach and education communitywide and FY 25-26 SB 1383 inspections.

This is the second time the City has been awarded this grant, but these funds must be used by April 1, 2026. Staff anticipates there will be another opportunity for grant funding to be applied to off-setting the cost of SB 1383 inspections for businesses, however, should this grant funding not be offered, staff will bring a fee amendment back to the City Council to adopt a fee structure in which businesses that are required to be inspected for both programs are charged the full amount of both the MS4 Permit inspection and the SB 1383 inspection.

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Award Contract to Charles Abbott Associates, Inc.; Approve Resolution 2024-58 and Associated Fee Schedule for the Industrial/Commercial Facility Inspection Program Page 4 For the Meeting of August 27, 2024
The City’s adopted 2024-25 budget has allocated $50,000 for Industrial/Commercial Inspections. However, with the annual cost projected to be $101,314.08 additional funds will need to be allocated.

Project Total Funding
Source
Projected Cost for Inspections for 350 Businesses
with City Overhead of 15% $101,314.08
Current FY 24-25 Adopted Budget
$50,000

SUB-TASK

CONSULTANT

COST PER

INSPECTION

NUMBER OF

FACILITIES
TOTAL

CONSULTANT

COST PER

INSPECTION

COST PER

INSPECTION WITH

CITY OVERHEAD
INCLUDED (15%)

COST PER INSPECTION TO

BUSINESS WITH ORGANICS
GRANT

TOTAL COST PER TYPE

OF INSPECTION WITH

CITY OVERHEAD COSTS
INCLUDED (15%)
INDUSTRIAL FACILITY $ 315 73 $ 22,995 $ 362 $ 362 $ 26,444.25

COMMERCIAL

FACILITY
$ 189 77 $ 14,553 $ 217 $ 217 $ 16,735.95

FOLLOW UP

INSPECTION
$ 63 38 $ 2,394 $ 72 $ 72 $ 2,753.10
INDUSTRIAL FACILITY $ 378 6 $ 2,268 $ 435 $ 217 $ 2,608.20

COMMERCIAL

FACILITY
$ 252 100 $ 25,200 $ 290 $ 145 $ 28,980.00

FOLLOW UP

INSPECTION
$ 63 27 $ 1,701 $ 72 $ 36 $ 1,956.15
INDUSTRIAL FACILITY $ 441 2 $ 882 $ 507 $ 254 $ 1,014.30

COMMERCIAL

FACILITY
$ 315 17 $ 5,355 $ 362 $ 181 $ 6,158.25

FOLLOW UP

INSPECTION
$ 126 10 $ 1,260 $ 145 $ 72 $ 1,449.00
SUBTOTAL $ 88,099.20
15% CONTINGENCY $ 13,214.88

PROJECTED TOTAL COST OF

INSPECTIONS
$ 101,314.08

SUB-TASK

CONSULTANT

COST PER

INSPECTION

NUMBER OF

FACILITIES
TOTAL

CONSULTANT

COST PER

INSPECTION

COST PER

INSPECTION WITH

CITY OVERHEAD
INCLUDED (15%)

COST PER INSPECTION TO

BUSINESS WITH ORGANICS
GRANT

TOTAL COST PER TYPE

OF INSPECTION WITH

CITY OVERHEAD COSTS
INCLUDED (15%)
INDUSTRIAL FACILITY $ 315 2 $ 630 $ 362 $ - $ 724.50

COMMERCIAL

FACILITY
$ 189 17 $ 3,213 $ 217 $ - $ 3,694.95

FOLLOW UP

INSPECTION
$ 63 10 $ 630 $ 72 $ - $ 724.50
SUBTOTAL $ 5,143.95
15% CONTINGENCY $ 771.59

TOTAL COST OF INSPECTIONS
$ 5,915.54
STORMWATER COMPLIANCE FACILITY INSPECTIONS WITH SB 1383 COMPLIANCE INSPECTIONS (EACH) INDUSTRIAL/COMMERCIAL/SB 1383 BI-ANNUAL COMPLIANCE INSPECTIONS

REVISED FEE SCHEDULE

FOR CITY OF SAN DIMAS

STORMWATER COMPLIANCE FACILITY INSPECTIONS (EACH)

STORMWATER COMPLIANCE FACILITY INSPECTIONS WITH SOLID WASTE PROGRAM OUTREACH (EACH) SB 1383 FACILITY ANNUAL COMPLIANCE INSPECTIONS

REVISED FEE SCHEDULE

FOR CITY OF SAN DIMAS
SB 1383 FACILITY COMPLIANCE INSPECTIONS ONLY (EACH)

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SB 1383 Organics Grant Off-Set Amount
$24,245.39
Amount requested for Budget Amendment for
NPDES Professional Services (001.4341.024.020) $27,068.69 For Fiscal Year 2024-25, staff is requesting an appropriation of $27,068.69 from the General Fund to NPDES Professional Services (001.4341.024.020) in addition to the budgeted $50,000 for a total of $77,068.69. The General Fund Revenue Account 001.322.005 will also need to be adjusted to reflect $77,068.69 for fees collected from Industrial/Commercial businesses as the mandated inspections are completed. Staff is also requesting that $24,245.39 from the SB 1383 Organics Grant (012.4310.020.008) to offset the cost of SB 1383 Inspections for Industrial/ Commercial businesses.

BACKGROUND
Inspections of Commercial/Industrial facilities are required as part of are required due to SB 1383 (The Short-Lived Climate Pollutants Bill) and the National Pollutant Discharge Elimination System (NPDES) Permit for the Municipal Separate Storm Sewer system (MS4) Order No. R4-2021- 0105. SB 1383 Inspections are required to be performed annually and stormwater inspections must be performed every two years. These inspections are intended to eliminate potential and identified illicit discharges that certain types of facilities have the potential to create that may result in stormwater pollution. These inspections ensure that Industrial/Commercial facilities are adhering to State Law by following procedures to ensure this contamination does not occur. The newest State Law approximately 160 businesses must now adhere to is the SB 1383 Short-Lived Climate Pollutants Bill that requires outreach, education, and inspection to ensure food recovery efforts are occurring and that businesses are reporting these efforts to the jurisdictions they reside in.

Municipal Separate Storm Sewer System (MS4)
Stormwater/Water Quality Municipal Separate Storm Sewer System (MS4) discharges consist of stormwater and non-stormwater generated from point sources throughout a watershed, collected and conveyed through the MS4, and ultimately discharged into surface waters. The MS4 includes curbs and gutters, man-made channels, catch basins, and storm drains throughout the Los Angeles region. Discharges may negatively affect the receiving surface water quality with pollutants such as bacteria, nutrients (nitrogen and phosphorus), metals, and pesticides, and other man-made compounds. Aquatic toxicity, specifically during wet weather, is also a concern.

Stormwater and non-stormwater discharges of debris and trash are also a pervasive water quality problem in the LA region. Pollutants in stormwater and non-stormwater may have damaging effects on both human health and aquatic ecosystems when present at certain concentrations above water quality thresholds.

What is the stormwater program?
The National Pollutant Discharge Elimination System (NPDES) program was established under the Clean Water Act of 1972 to regulate stormwater discharges, and to prohibit any pollutant discharge, unless in compliance with an NPDES permit. The Environmental Protection Agency was given the authority to enforce these regulations. The act was further amended in 1987 whereby municipalities were required to by implementing Best Management Practices “BMP’s” to

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help reduce the discharge of pollutants to the maximum extent practicable, and to prohibit nonstormwater discharges. BMP’s are defined as activities, practices, facilities, and/or procedures that when implemented to their maximum efficiency, will prevent or reduce pollutants in discharges.

In California, the Porter-Cologne Water Quality Control Act was adopted that established the Regional Water Quality Control Board “RWQCB” as the State agency to develop policy for water control, and to monitor for compliance.

In June 1990, the County of Los Angeles obtained a 5-year Municipal Separate Storm Sewer System (MS4) Permit from the RWQCB. This permit called for the development of a series of programs for Los Angeles County’s extensive storm drain system. Seeing the need to unify to consolidate efforts, after the permit was issued, 84 cities in Los Angeles County decided to become a co-permittee under the County’s permit. San Dimas became a co-permittee in 1992.

This permit is updated approximately every five years by the RWQCB.

On November 8, 2012, the Los Angeles Regional Water Quality Control Board (Regional Board) adopted a new MS4 Permit, Order No. R4-2012-0175 (2012 Permit). With the 2012 Permit, many additional regulations were required of cities and counties to ensure acceptable water quality standards are maintained with respect to stormwater and non-stormwater discharges, including the City of San Dimas. Compliance with the permit requires that cities address and measure both the quality of stormwater runoff and the quantity of storm runoff.

The State of California updates the Municipal Separate Storm Sewer System (MS4) Permit periodically. As a result, on September 11, 2021, the new MS4 Permit (Order No. R4-2021-0105) became effective.

Stormwater Program Requirements: Minimum Control Measures The City of San Dimas has two drainage systems, (1) the sewers and (2) the storm drains. Sewers convey waste from homes and businesses (bathrooms and sinks) and are treated at wastewater treatment plants. The storm drain system was designed to prevent flooding by carrying excess rainwater away from city streets out to the San Gabriel River and finally, out to the ocean. Runoff that enters the storm water system is generally not treated to remove contaminants. During storms in urban areas, rainwater runoff carries pollutants generated from commercial businesses, residential areas, streets, and sidewalks, directly to the ocean, creating stormwater pollution.

Materials such as sediment, paint, plaster, yard waste, vehicle brake dust, oil dripping from engines, animal waste, and trash contain chemicals, nutrients, and bacteria that are harmful to aquatic life and humans. The goal of the MS4 permit is to prevent these harmful contaminants from entering the storm drain system and ultimately our drinking water and oceans.

The City tracks the implementation of stormwater compliance measures through the Annual Report process. Data is collected by the city throughout the year and reported to the Los Angeles Regional Water Quality Control Board (LARWQCB) each December.

The Annual Report summarizes the City’s MS4 compliance progress individually as well as the East San Gabriel Valley Watershed Management Group’s efforts. Amongst other requirements, the MS4 Permit requires the reporting of the following of Minimum Control Measures. Each jurisdiction must put these are measures as part of MS4 Permit compliance.

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One of these minimum control measures include the Industrial/Commercial Facilities Inspection Program. In the current 2021 Permit, Industrial/Commercial Facilities must be inspected every two years, in the previous Permit these entities were required to be inspected twice during the life of the Permit.

Historically, the cost of Industrial/Commercial Inspections costs have been passed on the businesses that require these inspections, and staff is proposing that these businesses pay fees related to the inspection of their business. These are businesses that may potentially be sources of stormwater pollution if proper measures are not taken to eliminate hazards. Businesses subject to these types of inspections may include auto repair shops, manufacturers, restaurants, as well as businesses that use and store chemicals as part of routine operations.

Municipal Separate Storm Sewer (MS4) Permit
Compliance with the MS4 Permit continues to be a partially unfunded mandate. With the passage of Measure W (Safe Clean Water Program), the City now receives approximately $600,000 per year in local return funds to assist with Permit compliance. However, the funds available for stormwater costs through the Safe Clean Water are less than the expenditures required to comply with the permit. Therefore, there is also an impact to the City’s General Fund to meet the numerous stormwater requirements outlined in the permit.

In order to comply with the Permit, there are several direct and indirect costs to the City. Direct costs include permit fees to the State Water Board (approximately $23,000 per year), consulting costs for project development, stormwater plan updates, and stormwater quality monitoring, program administrative costs. Other direct costs that are covered by Safe Clean Water funds include measures such as catch basin cleaning, channel clearing, employee stormwater training, public outreach, education, and enforcement activities. The Safe Clean Water Program will only pay for maintenance and operations costs up to 30% (or $180,000) of the annual allocation. Costs over this amount must be funded through other sources. For instance, street sweeping is required as part of MS4 permit compliance yet is paid for out of the General Fund because costs of the City‘s stormwater maintenance activities exceed 30% of the total Safe Clean Water Funds annual allocation.

The remaining 70% of Safe Clean Water funds are required to be used for new projects such as the Permit mandated catch basin screens and other capital improvements that clean and/or capture stormwater runoff. This amount of $400,000 or 70% of the Safe Clean Water Municipal Funding has been set aside for multiple years for these expensive capital projects.

All of the aforementioned activities have indirect costs, namely staff time for tasks like construction site inspections, Industrial/Commercial facility inspections, and filing numerous reports to State and County Agencies multiple times per year. Where possible, the costs are transferred directly to the business or property that it applies to as a pass-through fee.

In total, the City spends over half a million dollars, just in direct costs annually between Safe Clean Water Funding and the General Fund with no staffing costs included.

Industrial/Commercial Facility Inspections fall under the Operations & Maintenance category of Safe Clean Water Funding. These are expenditures that existed prior to the Safe Clean Water

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Award Contract to Charles Abbott Associates, Inc.; Approve Resolution 2024-58 and Associated Fee Schedule for the Industrial/Commercial Facility Inspection Program Page 8 For the Meeting of August 27, 2024
Program under the 2012 MS4 Permit. As in 2012, City staff propose that these fees related to MS4 permit compliance be passed through to those businesses subject to these inspections. MS4 Permit or Stormwater Inspections are required every two years for the life of the MS4 Permit.

SB 1383: Short-Lived Climate Pollutants: Organic Waste Reductions SB 1383 requirements took effect on January 1, 2022. This bill mandates that commercial edible food generators are required to implement a food recovery program for diverting edible food, and food recovery programs are required to keep records as specified by CalRecycle. Furthermore, the City is must also conduct inspections to confirm compliance with this ordinance by organic waste generators, and regulated entities are required to allow access to the City for inspections on an annual basis.

Failure to comply with the MS4 Permit or SB 1383 mandates may result in fines to the City and/or the violator up to thousands of dollars per day for each infraction.

DISCUSSION/ANALYSIS
In order to minimize disruption and financial impacts to San Dimas businesses, City staff created a Request for Proposal to solicit services from a firm that could conduct concurrent stormwater inspections and SB 1383 inspections for businesses that required both.

City staff released this Request for Proposal (RFP) via the City’s website, the Daily Bulletin, and Planet Bids, on June 3, 2024, to solicit services for Industrial/Commercial Inspections for MS4 Permit and SB 1383 compliance. In response, staff received one response to this RFP by June 17, 2024, from Charles Abbott and Associates, Inc. Charles Abbott Associates, Inc. has previously assisted the City of San Dimas with both types of these inspections and have been found to be proficient in ensuring the City’s compliance with both the MS4 permit and SB 1383 requirements.

ALTERNATIVES
In addition to the recommendation, the following alternative actions are available for the City Council’s consideration:
• Do not use funds from the SB 1383 Organics Grant and pass through all fees to business owners of Industrial/Commercial facilities that are subject to MS4 Permit and SB 1383 Inspections. This alternative will require a 45-day notice to be sent out to all businesses that must be inspected and a Public Hearing at the end of the 45-day period. • Do not use funds from the SB 1383 Organics Grant and use General Fund monies to fund Industrial/Commercial MS4 Permit and SB 1383 Inspections. • Take other action per City Council direction that will allow the City to remain in compliance with the MS4 Permit.

ENVIRONMENTAL REVIEW
This item is not subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and pursuant to CEQA Guidelines section 15378(b)(2) and (5) which exclude “continuing administrative…activities” and

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Award Contract to Charles Abbott Associates, Inc.; Approve Resolution 2024-58 and Associated Fee Schedule for the Industrial/Commercial Facility Inspection Program Page 9 For the Meeting of August 27, 2024
“administrative activities of governments that will not result in direct or indirect physical changes to the environment” from the definition of “project.”
Even if the item were a “project” it would be exempt from environmental review under CEQA Guidelines Sections 15307 and 15308 as actions taken by a regulatory agency for protection of natural resources and/or the environment, and exempt under CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that this item may have a significant effect on the environment.

Respectfully submitted,
Lauren Marshall
Sr. Management Analyst
Attachments:

1. Resolution 2024-58

2. Draft Professional Services Agreement

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ATTACHMENT 1
RESOLUTION 2024-58

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,

COUNTY OF LOS ANGELES, REESTABLISHING FEES FOR NATIONAL PULLUTANT

DISCHARGE ELIMINATION SYSTEM (NPDES) INSPECTIONS AND SHORT-LIVE CLIMATE POLLUTANTS BILL (SB 1383) INSPECTIONS AND AMENDING THE SAN DIMAS

MUNICIPAL CODE
WHEREAS, the San Dimas Municipal Code provides that the City Council shall determine a fee that shall reimburse the City for costs of inspections of facilities undertaken pursuant to Chapter 14.11 or any federal, state, and /or local regulatory agency order or permit pertaining to stormwater pollution or discharges (San Dimas Municipal Code 14.11.90); WHEREAS, the National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Order No. R4-2021-0105 requires the City of San Dimas to conduct industrial/commercial facility inspections to ensure compliance with stormwater regulations; and
WHEREAS, the City Council has determined that the proposed fees do not constitute a “tax,” but rather are properly subject to the regulatory fee exemption set forth in Article XIIII C, 1(e)(3) of the California Constitution; and
WHEREAS, the Short-Lived Climate Pollutants Bill (SB 1383) mandates inspections for edible food recovery compliance to reduce organic waste; and WHEREAS, the City of San Council has determined that the amount of the proposed fees are no more necessary to cover the reasonable costs incurred by the City in providing inspections of facilities subject to the NPDES permit and SB 1383 statutes; WHEREAS, staff has proposed continuing to pass full cost of the inspection costs onto business owners while utilizing SB 1383 Organics Grant funds to reduce the financial burden on businesses that require both stormwater and SB 1383 compliance inspections; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Dimas does hereby resolve that:

SECTION 1. Resolution No. 2014-57 is hereby repealed in its entirety and is of no further force effect.

SECTION 2. The City of San Dimas hereby adopted the fee schedule attached hereto as Exhibit “A” for reimbursing the City for the full cost of inspections, which shall be imposed on the facilities where those inspections must occur, except those costs that may be covered by the SB 1383 Local Assistance Grant funds, as long as funding is available.

SECTION 3. The fees adopted by this resolution shall be invoiced to and collected from the business in which the inspections were conducted.

SECTION 4. The City shall include in its Industrial/Commercial Facility Inspection Fees a surcharge of 15% to recover costs associated with the administration of the program.

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Resolution 2024-58 Page 2
NPDES Inspections
August 27, 2024
SECTION 5. The City shall off-set cost of Industrial/Commercial Inspection Fees if funding, such as a grant, is available.

SECTION 6. The fee schedule set forth in Exhibit “A” to this resolution shall become effective on September 1, 2024.

PASSED, APPROVED, AND ADOPTED this 27th day of August, 2024. ____________________________________
Emmett G. Badar, Mayor
ATTEST:
_______________________________
Debra Black, City Clerk
Exhibit A: Industrial/Commercial Facility Inspection Fees I, Debra Black, City Clerk, hereby certify that Resolution 2024-58 was adopted by the City Council of San Dimas at its regular meeting of August 27, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Debra Black, City Clerk

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“EXHIBIT A”

FACILITY TYPE

CONSULTANT COST PER

INSPECTION

ADOPTED FEE

TOTAL COST PER INSPECTION WITH
CITY OVERHEAD INCLUDED (15%)
INDUSTRIAL FACILITY $ 315 $ 362
COMMERCIAL FACILITY $ 189 $ 217
FOLLOW UP INSPECTION $ 63 $ 72
INDUSTRIAL FACILITY $ 378 $ 435
COMMERCIAL FACILITY $ 252 $ 290
FOLLOW UP INSPECTION $ 63 $ 72
INDUSTRIAL FACILITY $ 441 $ 507
COMMERCIAL FACILITY $ 315 $ 362
FOLLOW UP INSPECTION $ 126 $ 145
INDUSTRIAL FACILITY $ 315 $ 362
COMMERCIAL FACILITY $ 189 $ 217
FOLLOW UP INSPECTION $ 63 $ 72
INDUSTRIAL/COMMERCIAL/SB 1383 BI-ANNUAL COMPLIANCE INSPECTIONS

FEE SCHEDULE

FOR CITY OF SAN DIMAS

STORMWATER COMPLIANCE FACILITY INSPECTIONS (EACH)

STORMWATER COMPLIANCE FACILITY INSPECTIONS WITH SOLID WASTE PROGRAM OUTREACH (EACH) STORMWATER COMPLIANCE FACILITY INSPECTIONS WITH SB 1383 COMPLIANCE INSPECTIONS (EACH) SB 1383 FACILITY COMPLIANCE INSPECTIONS ONLY (EACH)

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CITY OF SAN DIMAS

PROFESSIONAL SERVICE AGREEMENT
This professional service agreement (“Agreement”), is made and effective on this ____________, between CITY OF SAN DIMAS ("Agency"), a municipal corporation, and CHARLES ABBOTT ASSOCIATES, INC. (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. TERM
This Agreement shall commence on August 27, 2024 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029 unless sooner terminated pursuant to the provisions of this Agreement.

II. SERVICES
Consultant shall perform the tasks described and set forth in “Exhibit A” (“Tasks to Be Performed”), attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in “Exhibit A”. To the extent that “Exhibit A” is a proposal from Consultant, such proposal is incorporated only for the description of the scope of services and no other terms and conditions from any such proposal shall apply to this Agreement unless specifically agreed to in writing.

III. PERFORMANCE
Consultant shall at all times faithfully, competently, and to the best of their ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

IV. AGENCY REPRESENTATIVE
Agency’s City Manager (or their designee) shall represent Agency in all matters pertaining to the administration of this Agreement, review and approve all products submitted by Consultant, but not including the authority to enlarge the tasks to be performed per “Exhibit A” or change the compensation due to Consultant. Agency’s City Manager (or their designee) shall be authorized to act on Agency's behalf and to execute all necessary documents which enlarge the tasks to be performed per “Exhibit A” or change Consultant's compensation, subject to Section V hereof.

V. PAYMENT
A. Agency agrees to pay Consultant in accordance with the payment rates and terms and the schedule of payment as set forth in tasks to be performed per “Exhibit B” (“Payment Schedule”), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Total payment to Consultant pursuant to this Agreement shall not exceed two hundred seventy-four thousand five hundred and eighty-five dollars and fifty-cents ($274,585.50), plus 15% contingency, absent a written amendment to this Agreement.

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(or their designee). Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency’s City Manager (or their designee) and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services.

C. Consultant shall submit invoices for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the Agency disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice therefore.

D. The Contractor will be provided an annual cost of living increases based on the local area Consumer Price Index (CPI – March of each year) to be implemented annually on July 1st beginning with July 1, 2025 and continued thereafter for the subsequent years of any renewed contract periods. Contractor must submit in writing its request for the annual cost of living increase by April of each year.

VI. TERMINATION OF AGREEMENT
A. Except as otherwise provided herein below, Agency may terminate this Agreement, or any portion hereof, by serving written notice of termination to upon the other party at least ten (10) days prior to the date of termination. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.

If the Agency terminates a portion of this Agreement, such termination shall not make void or invalidate the remainder of this Agreement.

B. In the event this Agreement is terminated pursuant to this section, the Agency shall pay to Consultant the actual value of the work performed up to the time of termination, less any disputed amounts. Upon termination of the Agreement pursuant to this section, the Consultant will submit an invoice to the Agency as provided herein above.

VII. DEFAULT
A. Either party's failure to comply with the provisions of this Agreement shall constitute a default. In the event that either party is in default for cause under the terms of this Agreement, the affected party shall promptly notify the deficient party of such default and following such notice shall have no obligation or duty to continue compensating or providing any work after the date of default and can terminate this Agreement immediately by written notice to the other party. If such failure hereunder arises out of causes beyond either party’s control, and without fault or negligence, it shall not be considered a default.

B. If the Agency’s City Manager (or their designee) determines the Consultant is in default in the performance of any of the terms or conditions of this Agreement, Agency shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service of default notice to cure the default as directed by the Agency in the notice of default. In the event the Consultant fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

VIII. OWNERSHIP OF DOCUMENTS
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Agency that relate to the Page 328 – 463 performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the Agency at reasonable times to such books and records; shall give Agency the right to examine and audit said books and records; shall permit Agency to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Agency and may be used, reused, or otherwise disposed of by the Agency without the permission of the Consultant. With respect to computer files, Consultant shall make available to the Agency, at the Consultant's office and upon reasonable written request by the Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Consultant hereby grants to Agency all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant in the course of providing the services under this Agreement.

IX. INDEMNIFICATION AND DEFENSE
A. Indemnification
To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency and any and all of its officials, employees, agents, and/or volunteers (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this Agreement. Consultant’s duty to indemnify and hold harmless Agency shall not extend to the Agency’s sole or active negligence or willful misconduct.

B. Duty to Defend
In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by Agency, Consultant shall defend the Indemnified Parties at Consultant’s cost or at Agency’s option, to reimburse Agency for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by Agency is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and Agency, as to whether liability arises from the sole or active negligence or willful misconduct of the Agency or its officers, employees, or agents, Consultant will be obligated to pay for Agency’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as solely or actively negligent or to have acted with willful misconduct. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.

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X. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in “Exhibit C” (“Insurance Requirements”) attached herewith and incorporated herein by this reference as though set forth in full.

XI. INDEPENDENT CONTRACTOR
A. Consultant is and shall at all times remain as to the Agency a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the Agency. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against Agency, or bind Agency in any manner.

B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant and/or its employees for performing services hereunder for Agency. Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness to its employee(s) arising out of performing services hereunder.

XII. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The Agency, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

XIII. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the Agency in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the Agency has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this section shall be a material breach of this Agreement entitling the Agency to any and all remedies at law or in equity.

XIV. NO BENEFIT TO ARISE TO AGENCY EMPLOYEES
During their tenure and for one year thereafter, no member, officer, or employee of Agency, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the services under this Agreement shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the services performed under this Agreement.

B. Consultant shall promptly notify Agency should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the Agency, unless the Agency is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Consultant is prohibited by law from informing the Agency of such Discovery. Agency retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless Agency is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with Agency and to provide the opportunity to review any response to Discovery requests provided by Consultant.

However, Agency's right to review any such response does not imply or mean the right by Agency to control, direct, or rewrite said response.

XVI. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by: (i) personal service; (ii) delivery by a reputable document delivery service (e.g., Federal Express), which provides a receipt showing date and time of delivery; or (iii) United States mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To AGENCY: City of San Dimas To CONSULTANT: Charles Abbott Associates, Inc. 245 E Bonita Avenue 27201 Puerta Real #200
San Dimas, CA 91773 Mission Viejo, CA 92691
Attn: Shari Garwick, Director of Public Works Attn: Rusty Reed, President XVII. ASSIGNMENT
A. Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Agency. Due to the personal nature of the services to be rendered pursuant to this Agreement, only Consultant shall perform the services described in this Agreement.

B. Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide Agency with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant which shall include an indemnity provision identical to the one provided herein identifying Agency as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from Agency for such insurance.

C. Charles Abbott Associates, Inc. may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of Rae Beimer from Consultant's employ.

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Should Rae Beimer leave Consultant's employ, the Agency shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the Consultant.

XVIII. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

XIX. GOVERNING LAW
The Agency and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Agency.

XX. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

XXI. SEVERABILITY
Any part, provision, or representation of this Agreement or any of its exhibits, including, but not limited to “Exhibit C”, which is held to be invalid, void or unenforceable by a court of competent jurisdiction, shall be limited to that part, provision or representation and all other parts, provisions, or representations herein shall remain in full force and effect.

XXII. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of Exhibit D (“Agency’s Request for Proposal”), hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit A, hereto. In the event of conflict, the requirements of Agency’s Request for Proposal and this Agreement shall take precedence over those contained in the Consultant’s proposal. The incorporation of the Consultant’s proposal shall be for the scope of services to be provided only, and any other terms and conditions included in such proposal shall have no force and effect on this Agreement or the relationship between Consultant and/or Agency, unless expressly agreed to in writing.

XXIII. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that they have the authority to execute this Agreement on behalf of the Consultant and have the authority to bind Consultant to the performance of its obligations hereunder. ///
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/// Page 332 – 463
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
“CONSULTANT”
Consultant name
By: ________________________________ (Signature)
________________________________ (Typed Name)
________________________________ (Title)
“AGENCY”
ATTEST: CITY OF SAN DIMAS, a municipal corporation
By: By:

Debra Black, City Clerk Chris Constantin, City Manager
Approved as to form:

By:

Jeff Malawy, City Attorney
Attachments: Exhibit A Tasks to Be Performed/Consultant’s Proposal Exhibit B Payment Schedule
Exhibit C Insurance Requirements
Exhibit D Request for Proposal

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EXHIBIT A
TASKS TO BE PERFORMED/CONSULTANT’S PROPOSAL
Charles Abbott Associates, Inc.’s proposal dated June 17, 2024 includes description of the services to be provided in this agreement.

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Charles Abbott Associates, Inc.
27201 Puerta Real #200
Mission Viejo, CA 92691
Toll Free: (866) 530-4980
www.caa.inc

PROPOSAL FOR
NPDES and SB 1383
Inspection Services
for Industrial/Commercial
Facilities
City of San Dimas
Lauren Marshall, Senior Management Analyst
245 E. Bonita Avenue
San Dimas, CA 91773
Due Date: June 17, 2024 by 12:00 p.m. PST

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Inspection Services for Industrial/Commercial Facilities 2 I. Table of Contents ................................................................................................................................2 II. Cover Letter.........................................................................................................................................3 III. Approach and Scope of Work ..........................................................................................................5 IV. Work Schedule ..................................................................................................................................8 V. Project Team.......................................................................................................................................9 VI. References.......................................................................................................................................13 VII. Fee Schedule ..................................................................................................................................14 Required Forms ....................................................................................................................................15 I. Table of Contents

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Inspection Services for Industrial/Commercial Facilities 3 Charles Abbott Associates, Inc. (CAA) is pleased to submit the enclosed Proposal for Inspection Services of Industrial/Commercial Facilities to the City of San Dimas (City). Having successfully assisted the City with these same Inspection Services since 2014, we greatly appreciate the opportunity to continue our partnership with the City. We have extensive experience with California SB 1383 and the Los Angeles Regional Water Quality Control Board MS4 permit, including compliance inspections and program coordination, and are able to provide expert services to support the City in its efforts to maintain regulatory compliance with current and future regulations.

CAA has successfully established long-term working relationships with a number of cities in Southern California for environmental compliance services. We have provided and continue to provide environmental program management services to cities in the counties of Los Angeles, Orange, San Bernardino, Riverside and Ventura, including the Cities of Avalon, Moreno Valley, San Dimas, La Verne, Aliso Viejo, Apple Valley, Calimesa, Culver City, Hidden Hills, Redondo Beach, La Palma, Los Alamitos, Pomona, Tustin and Yucaipa. Our services in these cities include but are not limited to precisely what is being requested in the City’s scope of work. Our corporate headquarter has been located in Mission Viejo, CA for many years and we have many employees that live and work near the City of San Dimas, giving us the ability to provide additional staff without delay if workload increases or emergencies arise.

CAA employs only highly qualified professionals with extensive experience. The firm recruits individuals who are looking for long-term employment with a stable firm and a rewarding career. We are proposing experienced staff that demonstrate exceptional work ethic and have a proven track record for implementing successful environmental compliance programs. Our team will work seamlessly as team members of your staff, thus effectively augmenting their efforts and reach.

Many members of the company have years of prior public and private sector experience, adding value to our municipal client’s service and environmental endeavors. Our proposed team is comprised of highly qualified and customer-service oriented environmental experts able to handle any aspects of the City’s Industrial/Commercial Inspections Program. Our staffing levels will ensure these activities are conducted in a timely and efficient manner that is responsive to the City and the public’s needs.

For day-to-day operations, CAA appoints a Project Manager as the primary contact for all CAA services with the City. The Project Manager assigned to the City of San Dimas is Ms. Rae Beimer, who is responsible for supervising the environmental services for our firm in Southern California and will provide day-to-day management and project oversight of the City’s program. Ms. Beimer will ensure that our policies, procedures, and manpower will provide the level of service the City desires and will maintain continuous communication with the City to ensure the City is 100% satisfied with our staff, our turnaround times, the quality of our work, and the overall teamwork between CAA and City staff.

Official Name and Address: Charles Abbott Associates, Inc. 27201 Puerta Real, #200
Mission Viejo, CA 92691
II. Cover Letter

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Inspection Services for Industrial/Commercial Facilities 4 Primary Contact: Rae Beimer
27201 Puerta Real, #200
Mission Viejo, CA 92691
Tel: 714-788-6936
[email protected]
Entity Type: Corporation
Federal Tax ID: 33-00753899
Years in Business: 40
CAA will not utilize any subcontractors in the performance of the scope of work outlined in this proposal. Our proposal will remain valid for a minimum of 90 days from proposal due date. CAA is able to comply with the insurance and indemnification terms and provisions as written; however, CAA would request to add a way for CAA to terminate the agreement by providing City with 60 (or 90) days' advance written notification.

We look forward to continuing our relationship with the City of San Dimas. Should the City have any questions or require additional information, please contact Rae Beimer or myself. We thank you in advance for your consideration!
Sincerely,
_________________________
Rusty R. Reed, President

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Inspection Services for Industrial/Commercial Facilities 5 CAA has been providing the City with NPDES program compliance services as required in the Los Angeles Regional Water Quality Control Board Municipal Separate Storm Sewer System (MS4) Order R4-2021-0105 NPDES Permit No. CAS004004 (NPDES Permit). CAA is intimately familiar with the requirements contained within the NPDES Permit as well as the Short-Lived Climate Pollutant Reduction Act (SB 1383), allowing CAA to effectively and efficiently provide quality inspections and technical/administrative services as requested to maintain the City’s program compliance. CAA will continue to inspect and review the City’s approximately 300 commercial/industrial facilities that are subject to inspection in accordance with the current NPDES Permit and ensure compliance efforts are completed in accordance with SB 1383 edible food recovery requirements.

We realize that there are many issues that arise when implementing an inspection program under the NPDES permit and SB 1383 regulations that may require a rapid review, assessment, and recommendations to City staff.

We are equipped to address these issues successfully as they arise by providing the necessary expert technical and regulatory advice to assist the City with its compliance efforts for planned and unplanned regulatory matters arising from the City’s NPDES Permit and SB 1383 In case where the work plan may need to be adjusted due to impromptu circumstances, CAA will meet with City staff to coordinate and prioritize program tasks as necessary.

CAA will continue to provide environmental services as an extension of City staff and will always maintain clear communication with City staff to ensure a successful program is executed.

CAA will continue to provide all personnel required to perform the work outlined in this proposal. Our staff assigned to the City will be available via phone and email, and will respond within 24 hours or less to any communication received from the City. CAA also provides all materials, resources, tools and training required for our professionals to perform their assigned duties, including vehicles, cell phones, iPads, and other technology devices that enhance our service. Our staff will continue to perform the following tasks for the City:

Task 1: Project Schedule
Ø CAA will work with the City to prepare a comprehensive project schedule with a breakdown, by facility type, of approximately 300 facilities that are subject to inspections under the NPDES Permit as well as approximately 75 Tier 1 and Tier 2 edible food generators subject to SB 1383. The project schedule will include a timeline for database preparation, necessary meetings, city reviews, inspection and potential re-inspection of all facilities found to have deficiencies or violations.

Task 2: Research, Review and Investigation
Ø CAA is very familiar with the requirements of the City’s NPDES Permit R4-2021-0105 as it pertains to the inspection of Industrial/Commercial facilities and will keep the City apprised of any revisions or updates that may affect the City’s compliance program.

Ø CAA is also intimately familiar with CalRecycle’s SB 1383 requirements for food recovery compliance efforts and will continue to plan and implement the City’s SB 1383 food recovery inspection compliance program.

Ø CAA will serve as a resource and technical consultant for everything related to the City’s NPDES program, policies, and regulations. Our proposed staff has extensive experience and knowledge of NPDES MS4 Permits issued throughout Southern California, and specifically by the Los Angeles Regional Water Quality Control Board. We attend meetings for other jurisdictions as required by the NPDES Permit but also the elective meetings that are coordinated to ensure we are kept abreast of current and future happenings and to ensure our client cities are represented.

III. Approach and Scope of
Work

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Inspection Services for Industrial/Commercial Facilities 6 Ø CAA will provide monthly reports identifying all facilities inspected, inspection outcomes, and tasks completed, as requested. This report will document the conditions of non-compliant facilities with photos and will include recommendations in response to the outcome of facility inspections as well as copies of all inspection forms.

CAA will also provide this information in tabular form that may be utilized for City database importing needs.

Task 3: Prepare & Utilize City-Specific Inspection Forms Ø CAA has developed and will continue to maintain and update the City’s inspections forms and ensure all current NPDES Permit requirements are met and captured during each inspection, including but not limited to:
• Name of facility
• Name of owner/operator and contact information
• Address of facility (physical and mailing)
• North American Industry Classification System (NAICS) code • Standard Industrial Classification (SIC) code
• A narrative description of the activities performed and/or principal products produced • Status of exposure of materials to stormwater
• Name of receiving water
• Identification of whether the facility is tributary to a CWA § 303(d) listed waterbody segment or water body segment subject to a TMDL, where the facility generates pollutants for which the waterbody segment is impaired.
• If the facility is known to maintain coverage under the State Water Board’s General NPDES Permit for the Discharge of Stormwater Associated with Industrial Activities (Industrial General Permit) or other individual or general NPDES permits or any applicable waiver issued by the Regional or State Water Board pertaining to stormwater discharges.
• If the facility has filed a No Exposure Certification with the State Water Board.

Ø CAA will continue to utilize the City’s Edible Food Generator inspection forms and will develop other relevant forms and tracking systems as required and/or necessary for compliant Edible Food Recovery Program procedures and processes.

Ø CAA will coordinate with City staff to update and maintain the City’s existing list of Tier 1 and Tier 2 Edible Food Generators and ensure each generator has an existing contract with edible food recovery services to ensure compliance with SB 1383.

Ø CAA will conduct monthly status meetings outlining all facilities inspected, inspection outcomes, and other related tasks completed that month.

Task 4: Prepare & Distribute Appropriate City-specific Educational Materials Ø CAA staff will provide Public Outreach services in accordance with the NPDES Permit, which includes the updating of City specific public outreach handouts as necessary.

Ø CAA will distribute educational materials and BMP fact sheets for all types of facilities subject to inspection under the NPDES permit, including restaurants, automotive, nurseries, industrial and all other facilities determined to possibly contribute a significant amount of pollutants to the MS4.

Ø CAA’s educational materials include best management practices (BMPs) specific to each type of facility.

Task 5: Conduct Facility Inspections for MS4 Permit & SB 1383 Ø CAA will review the State’s SMARTS database to collect information on industrial facilities in the City that are subject to the State Industrial Permit.

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Inspection Services for Industrial/Commercial Facilities 7 Ø CAA will update and maintain the City’s existing database as necessary, utilizing business listing data provided by the City.

Ø CAA will manage the inspection program, including follow-up inspections, in accordance with the current NPDES Permit and the pre-determined inspection schedule of identified Industrial and Commercial facilities.

Inspection schedules will be strictly adhered to in order to meet any time requirements imposed by the project, and the current NPDES Permit and SB 1383.

Ø CAA will conduct comprehensive facility inspections of the approximately 75 identified Tier 1 and Tier 2 edible food generators to ensure compliance with CalRecycle SB 1383 mandates, aimed at reducing organic waste and recovering edible food. CAA will conduct meticulous assessments of waste management practices, scrutinizing everything from organic waste collection and processing to record-keeping and reporting procedures.

Ø CAA will distribute BMP examples to facilities during NPDES inspections.

Ø CAA will provide inspection results on City approved inspection forms. Documentation will include photos of deficiencies as well as all written corrective actions with deadline for corrections. CAA will ensure appropriate follow-up deadlines are met and escalated enforcement is initiated if deemed necessary. Escalated enforcement will be performed under City approval only.

Ø CAA will issue notices of non-compliance or corrections that may be necessary and conduct follow-up inspections to ensure corrections were made. CAA will report to City staff any illegal discharges occurring during the inspection and coordinate the proper procedure to address them.

Ø CAA will verify food recovery efforts and ensure commercial edible food generators have establish a contract or written agreement with a food recovery organization or a food recovery service for food recovery.

Task 6: Project Management
Ø By cooperating and working closely with all of the entities responsible for project approval, we form a collaborative working relationship that centers on successful project processing. As a result, the approval process with other City departments is timely, seamless and efficient. CAA also recognizes the needs of sensitive projects and those that require special attention to meet the needs of the community.

Ø CAA will submit monthly invoices to the City detailing the number of hours worked, the hourly rates, amount billed to date and paid to date as well as any balances left to be paid. Your CAA project manager will be responsible for coordinating invoicing between the City and CAA, and will provide data to CAA's administrative personnel for the preparation of the monthly invoices to the City.

CAA’s Project Manager, Ms. Beimer, will continue to work with the City to ensure communication with the City is consistent, meaningful, and successful. She will keep the City informed of project timelines, budgets, and any project needs, and will provide clear insight into any decisions needed or roadblocks encountered.

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Inspection Services for Industrial/Commercial Facilities 8 Below please find a timeframe for project completion and benchmark dates for major tasks.

Target Completion Date
Kick-off Meeting Within two weeks of notice to
proceed
Develop Project Schedule Within 2 weeks of kick-off
meeting
Review and Develop Educational Materials Within 1 month of kick-off meeting
Review and Develop City-specific Inspection Forms Within 1 month of kick-off meeting
Conduct Facility Initial Inspections, approx. 238 facilities Per project schedule Follow-Up Inspections, approx. 30% As needed
Submit Status Reports Monthly
Conduct Status Meetings Monthly, or as needed
IV. Work Schedule

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Inspection Services for Industrial/Commercial Facilities 9 Maintaining high quality services is what has made CAA as successful as we are today. We understand that having experienced and qualified personnel is a fundamental requirement of being able to deliver quality service to our clients, and we place considerable effort in attracting and retaining our highly trained staff.

The Project Manager and person authorized to negotiate the contract on behalf of CAA is Rae Beimer, Director of Environmental Services. The following chart shows the general corporate and departmental organization and key personnel assigned to the City:

V. Project Team

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Inspection Services for Industrial/Commercial Facilities 10

RAE BEIMER

PROJECT MANAGER / DIRECTOR ENVIRONMENTAL SERVICES
Years with CAA: 17+
Ms. Beimer will provide project oversight in addition to some program management components. Ms. Beimer is experienced with all aspects of the Santa Ana and San Diego Regional Water Quality Control Board MS4 Permits. She is also well versed in TMDL development and implementation. Ms. Beimer directs CAA’s environmental division but also personally manages several municipal stormwater and solid waste programs in collaboration with other program managers in her department.

EDUCATION
B.S., Environmental Science and Policy, California State University Long Beach

CERTIFICATIONS
Certified Erosion, Sediment, & Storm Water Inspector (CESSWI) Qualified SWPPP Practitioner (QSP)

PROJECT EXPERIENCE
ü City of Moreno Valley, NPDES Permit Program Management Services: Ms. Beimer administers and implements the City’s Stormwater program for compliance with all aspects of the Riverside County Municipal Stormwater Permit.
ü City of Aliso Viejo, NPDES Permit Program Management Services: Ms. Beimer administers and implements the City’s Stormwater program for compliance with all aspects of the San Diego Region Municipal Stormwater Permit.
ü City of Mission Viejo, NPDES Inspection Services: Ms. Beimer directs program support staff in the implementation of the City’s NPDES inspection program in compliance with the San Diego Region Municipal Stormwater Permit.
ü City of Tustin, WQMP Plan Review and NPDES Inspection Services: Ms. Beimer provides WQMP plan review services for the City and directs program support staff in the implementation of the City’s NPDES inspection program in compliance with the Santa Ana Region Municipal Stormwater Permit. ü Town of Apple Valley, NPDES Permit Program Management Services: Ms. Beimer directs program support staff in implementation of the Town’s Stormwater program for compliance with all aspects of the Mojave River Watershed Small MS4 NPDES Permit (Phase II).

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Inspection Services for Industrial/Commercial Facilities 11

CONNIE READ

ENVIRONMENTAL INSPECTOR
Years with CAA: 6+
Ms. Read will provide Environmental Inspection services to the City. She is experienced with NPDES regulatory compliance as well as Solid Waste Program Management and is well versed in the requirements of the City’s specific MS4 permit and SB 1383. She has assisted in the development and implementation of NPDES and Solid Waste programs throughout Southern California and has been a support member in numerous projects..

EDUCATION
Southampton University Pre-Med Program, Southampton, England Totton College, Biology, Southampton, England

CERTIFICATIONS
Qualified Stormwater Manager (QSM)
Certified Stormwater Inspector (CSI-California)
Certified Inspector of Sediment and Erosion Control (CISEC) Qualified SWPPP Practitioner (QSP)
PC 832

PROJECT EXPERIENCE
ü City of Redondo Beach: Ms. Read manages and performs the industrial/commercial inspections and construction site inspections to ensure facility compliance with the Los Angeles County MS4 NPDES Permit as well as the Clean Bay Restaurant Certification Program. Ms. Read also performs the FOG inspection program to ensure compliance with the Los Angeles County MS4 NPDES Permit and City FOG Ordinance. ü City of La Palma: Ms. Read administered and implemented the City’s stormwater program for compliance with all aspects of the North Orange County Stormwater Permit. Duties have included project conditioning, Water Quality Management Plan (WQMP) verification inspections for both City and private projects; documentation and preparation of the City’s annual Program Effectiveness Assessment (PEA). Ms. Read also represented the City at the OC Stormwater general permittee and subcommittee meetings. Ms. Read also performed the industrial/commercial inspections to ensure facility compliance with the North Orange County MS4 NPDES Permit. Ms. Read also performed the FOG inspections to ensure compliance with North Orange County MS4 NPDES Permit and the City FOG Ordinance. ü City of Moreno Valley, Industrial/Commercial Facility Program: Ms. Read performs the industrial/commercial inspections to ensure facility compliance with the Riverside County MS4 NPDES Permit.
ü City of Yucaipa, Industrial/Commercial Facility Program: Ms. Read performs the industrial/commercial inspections to ensure facility compliance with the San Bernardino County MS4 NPDES Permit. ü City of Calimesa, Industrial /Commercial Facility Program: Ms. Read performs the industrial/commercial inspections to ensure facility compliance with the San Bernardino County MS4 NPDES Permit. ü City of La Verne, Industrial/Commercial Facility Program: Ms. Read performed the industrial/commercial inspections to ensure facility compliance with the Los Angeles County MS4 NPDES Permit. ü City of Culver City: Ms. Read performs the industrial/commercial inspections to ensure facility compliance with Los Angeles County MS4 NPDES Permit as well as the Clean Bay Restaurant Certification Program. ü City of El Segundo: Ms. Read assisted in the development and implementation of the City’s Solid Waste Management program and was instrumental in the development of SB 1383 compliance efforts.

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Inspection Services for Industrial/Commercial Facilities 12

SAMUEL WILSON

ENVIRONMENTAL INSPECTOR
Years with CAA: 2+
Mr. Wilson will provide Environmental Inspection services to the City. He is experienced with NPDES regulatory compliance as well as Solid Waste Program Management and is well versed in the requirements of the City’s specific MS4 permit and SB 1383. He has assisted in the development and implementation of NPDES and Solid Waste programs throughout Southern California and has been a support member in numerous projects.

EDUCATION
B.S., Environmental Science & Policy, CSULB

CERTIFICATIONS
Certified Inspector of Sediment and Erosion Control (CISEC) GIS Certification
Qualified Stormwater Practitioner (QSP)

PROJECT EXPERIENCE
ü City of Aliso Viejo, NPDES MS4 Permit Compliance Services: Mr. Wilson administers and implements the City’s Stormwater program for compliance with all aspects of the San Diego Region Municipal Stormwater Permit.
ü City of Mission Viejo, NPDES Inspection Services: Mr. Wilson provides the City with inspection services in compliance with the San Diego Region Municipal Stormwater Permit. ü City of El Segundo: Mr. Wilson currently assists in the implementation of the City’s Solid Waste Management program, including all SB 1383 compliance efforts.

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Inspection Services for Industrial/Commercial Facilities 13 CAA exclusively serves public agencies and provides NPDES Program Management and Inspection Services to many cities in Southern California.

The following contains a list of comparable projects throughout Southern California, with an outline of services provided to each client, as well as the period of time that we have been performing the referenced service. We are extremely proud of our track record and the length of time we have continuously provided services to our clients. We invite you to contact any of our clients to obtain their opinion of the services we provide for their cities.

REFERENCES SERVICES SINCE
City of Tustin
Alex Waite, Senior Management Analyst
(714) 573-3305
300 Centential Way, Tustin 92780
NPDES Inspection
Plan Review
2020 to
Present
City of Moreno Valley
Melissa Walker, Director of Public Works
(951) 413-3000
14177 Frederick Street, Moreno Valley 92552
*NPDES Program Mgt.

NPDES Inspection
Plan Review
2014 to
Present
City of El Segundo
Elias Sassoon, Director of Public Works
(310) 524-2356
350 Main Street, El Segundo 90245
Solid Waste Program
Management
SB 1383 Compliance
2014 to
Present
City of Redondo Beach
Geraldine Trivedi, Project Manager
(310) 372-1171
415 Diamond Street,Redondo Beach 90277
NPDES Inspection
FOG Inspection
2013 to
Present
City of Mission Viejo
Amanda Blaker, Associate Engineer
(949) 470-8419
200 Civic Center, Mission Viejo 92691
NPDES Inspection 2012 to
Present
City of La Palma
Laurie Murray, City Manager
(714) 690-3334
7822 Walker Street, La Palma 90623
*NPDES Program Mgt.

NPDES Inspection
Plan Review
2012 to
Present
City of Los Alamitos
Les Johnson, Community Services Director
(562) 431-3538
3191 Katella Avenue, Los Alamitos 90270
NPDES Inspection
Plan Review
2010 to
Present
City of Cypress
Douglas Dancs, Director of Public Works
(714) 229-6752
5257 Orange Avenue, Cypress 90630
*NPDES Program Mgt.

NPDES Inspection
Plan Review
FOG Inspection
2008 to
Present
City of Aliso Viejo
Mitzi Ortiz, Acting City Manager
(949) 425-2500
12 Journey, Suite 100, Aliso Viejo 92656
*NPDES Program Mgt.

Solid Waste Program
Management
SB 1383 Compliance
2002 to
Present
*NPDES Program Mgt. services includes providing services to comply with all aspects of the applicable MS4 NPDES Permit for that City. These services include but are not limited to Ordinance and Policy review and updates, training, TMDL compliance, public outreach, audit prep and execution, grant writing, etc.

VI. References

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Inspection Services for Industrial/Commercial Facilities 14 The Cost proposal is provided in a separate, sealed envelope as requested by the City.

VII. Fee Schedule

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Inspection Services for Industrial/Commercial Facilities 15 Required Forms

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13 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE The bidder is required to state what work of a similar character to that included in this proposed Contract he has successfully performed in Los Angeles County within the last five years, and provide references which will enable the City Council to judge his responsibility, experience, skill and business standing. Said references shall include the name of the Supervisor responsible for the acceptance of the Work performed.

The undersigned submits herewith a statement of work which he has successfully performed of a character similar to that included in the proposed Contract.

1. JURISDICTION:

CONTACT PERSON: PHONE: (____)
PROJECT PERFORMED:

2. JURISDICTION:

CONTACT PERSON: PHONE: (____)
PROJECT PERFORMED:

3. JURISDICTION:

CONTACT PERSON: PHONE: (____)
PROJECT PERFORMED:

4. JURISDICTION:

CONTACT PERSON: PHONE: (____)
PROJECT PERFORMED:

5. JURISDICTION:

CONTACT PERSON: PHONE: (____)
PROJECT PERFORMED:

City of Aliso Viejo
David Doyle 949 425-2500
NPDES Program Mgt. NPDES and SB 1383 Inspections, Plan Review City of Moreno Valley
Melissa Walker 951 413-3000
NPDES Program Mgt. NPDES Inspections, Plan Review
City of Redondo Beach
Geraldine Trivedi 310 372-1171
NPDES Inspections, FOG Inspections
City of Mission Viejo
Amanda Bajhart 949 470-8419
NPDES Inspections
City of La Palma
Laurie Murray 714 690-3334
NPDES Program Mgt. NPDES Inspections, Plan Review

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Rusty R. Reed
President

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EXHIBIT B

PAYMENT SCHEDULE
Payment schedule to include monthly billings for work completed per the hourly rates provided as described in Charles Abbott Associates, Inc.’s Schedule of Hourly Rates.

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SUB-TASK
HOURLY
RATE
(INCLUDING

OVERHEAD
COSTS)

AMOUNT OF

TIME SPENT AT
EACH

INSPECTION
(HOURS)

TOTAL COST PER

INSPECTION

NUMBER OF
FACILITIES* TOTAL
INDUSTRIAL FACILITY $ 126 2.5 $ 315 73 $ 22,995
COMMERCIAL FACILITY $ 126 1.5 $ 189 77 $ 14,553
FOLLOW UP INSPECTION $ 126 0.5 $ 63 38 $ 2,394
INDUSTRIAL FACILITY $ 126 3.0 $ 378 6 $ 2,268
COMMERCIAL FACILITY $ 126 2.0 $ 252 100 $ 25,200
FOLLOW UP INSPECTION $ 126 0.5 $ 63 27 $ 1,701
INDUSTRIAL FACILITY $ 126 3.5 $ 441 2 $ 882
COMMERCIAL FACILITY $ 126 2.5 $ 315 17 $ 5,355
FOLLOW UP INSPECTION $ 126 1.0 $ 126 10 $ 1,260
$ 76,608
$ 11,491
$ 88,099

HOURLY RATE
$ 126.00
$ 126.00

SUB-TASK
HOURLY
RATE
(INCLUDING

OVERHEAD
COSTS)

AMOUNT OF

TIME SPENT AT
EACH

INSPECTION
(HOURS)

TOTAL COST PER

INSPECTION

NUMBER OF
FACILITIES* TOTAL
INDUSTRIAL FACILITY $ 126 2.5 $ 315 2 $ 630
COMMERCIAL FACILITY $ 126 1.5 $ 189 17 $ 3,213
FOLLOW UP INSPECTION $ 126 0.5 $ 63 10 $ 630
$ 4,473
$ 671
$ 5,144

HOURLY RATE
$ 126.00
$ 126.00
1 Environmental Project Manager
2 Environmental Inspector / Sammy Wilson, Connie Read, Alex Christie 3 **THE ABOVE HOURLY RATES INCLUDE GENERAL AND ADMINISTRATIVE OVERHEAD COSTS AND FEES AND EMPLOYEE PAYROLL BURDEN *NUMBER OF FACILITIES MAY FLUCTUATE DURING THE LIFE OF THE CONTRACT INDUSTRIAL/COMMERCIAL/SB 1383 INSPECTIONS

ESTIMATED FEE SCHEDULE & STANDARD HOURLY RATE TABLE
FOR CITY OF SAN DIMAS**

TITLE/STAFF
SB 1383 FACILITY COMPLIANCE INSPECTIONS ONLY (EACH)

SUBTOTAL
CONTINGENCY 15%

NOT-TO-EXCEED TOTAL ANNUALLY
SB 1383 FACILITY ANNUAL COMPLIANCE INSPECTIONS

ESTIMATED LABOR HOURS & FEE PROPOSAL

FOR CITY OF SAN DIMAS

SUBTOTAL
CONTINGENCY 15%

NOT-TO-EXCEED TOTAL ANNUALLY
1 Environmental Project Manager
INDUSTRIAL/COMMERCIAL/SB 1383 BI-ANNUAL COMPLIANCE INSPECTIONS

STORMWATER COMPLIANCE FACILITY INSPECTIONS (EACH)

STORMWATER COMPLIANCE FACILITY INSPECTIONS WITH SOLID WASTE PROGRAM OUTREACH (EACH) STORMWATER COMPLIANCE FACILITY INSPECTIONS WITH SB 1383 COMPLIANCE INSPECTIONS (EACH)

ESTIMATED LABOR HOURS & FEE PROPOSAL

FOR CITY OF SAN DIMAS
**THE ABOVE HOURLY RATES INCLUDE GENERAL AND ADMINISTRATIVE OVERHEAD COSTS AND FEES AND EMPLOYEE PAYROLL BURDEN *NUMBER OF FACILITIES MAY FLUCTUATE DURING THE LIFE OF THE CONTRACT 2 Environmental Inspector / Sammy Wilson, Connie Read, Alex Christie

ESTIMATED FEE SCHEDULE & STANDARD HOURLY RATE TABLE
3 FOR CITY OF SAN DIMAS**

TITLE/STAFF
INDUSTRIAL/COMMERCIAL/SB 1383 INSPECTIONS

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EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of Agency, and prior to commencement of work and/or services under this Agreement, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and, in a form, satisfactory to Agency.

General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended.

Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident.

Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).

Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees, and volunteers.

Umbrella or excess liability insurance. Consultant shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
• “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.

Should Consultant obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

Other provisions or requirements

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Proof of insurance. Consultant shall provide certificates of insurance and required endorsements to Agency as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Agency for the contract period and any additional length of time required thereafter. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.

Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or self- insurance shall be called upon to protect it as a named insured.

Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by Agency will be promptly reimbursed by Consultant or Agency will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Agency may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Consultant of non-compliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage

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feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the Agency with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the Agency immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the Agency, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this Agreement. This provision does not relieve the Consultant of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor. Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to Agency for review.

Agency’s right to revise specifications. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in

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substantial additional cost to the Consultant, the Agency and Consultant may renegotiate Consultant’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

Timely notice of claims. Consultant shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

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EXHIBIT D

REQUEST FOR PROPOSAL
Inspection Services of Industrial/Commercial Facilities as Mandated by Order R4-2021-0105/National Pollutant Discharge Elimination System (NPDES) Permit No.

CAS004004
and
The Short-Lived Climate Pollutant Organic Waste Reductions (SB 1383)

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CITY OF SAN DIMAS

DEPARTMENT OF PUBLIC WORKS
SAN DIMAS, CA 91773

REQUEST FOR PROPOSALS
FOR

INSPECTION SERVICES OF INDUSTRIAL/COMMERCIAL

FACILITIES AS MANDATED BY
ORDER R4-2021-0105/NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) PERMIT NO. CAS004004
AND

THE SHORT-LIVED CLIMATE POLLUTANT ORGANIC WASTE
REDUCTIONS (SB 1383)
Proposals shall be delivered no later than:

MONDAY, JUNE 17, 2024 12:00 PM
Please direct questions or comments to:

LAUREN MARSHALL

SENIOR MANAGEMENT ANALYST

CITY OF SAN DIMAS
245 E. BONITA AVENUE
SAN DIMAS, CA 91773
[email protected]

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INSPECTION SERVICES FOR INDUSTRIAL/COMMERCIAL INSPECTIONS

TABLE OF CONTENTS
INTRODUCTION.............................................................................................................................. 1 BACKGROUND INFORMATION ...................................................................................................... 2 SCOPE OF REQUIRED SERVICES ................................................................................................ 4 PROPOSAL SCHEDULE ................................................................................................................. 6 SERVICES & PERSONNEL ............................................................................................................. 6 REQUIRED PROPOSAL FORMAT .................................................................................................. 7 SUBMITTAL INSTRUCTIONS.......................................................................................................... 9 EVALUATION................................................................................................................................... 9 REQUESTS FOR CLARIFICATIONS............................................................................................. 10 GENERAL PROVISIONS ............................................................................................................... 10 BIDDER’S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE ............................................ 13 NON-COLLUSIVE AFFIDAVIT ....................................................................................................... 14 ESTIMATED LABOR HOURS & FEE PROPOSAL......................................................................... 15 APPENDIX A (DRAFT CONSULTING SERVICES AGREEMENT)................................................. 17 APPENDIX B (INSPECTION TABLE) …………………………………………………………………….33

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CITY OF SAN DIMAS

NOTICE REQUEST FOR PROPOSALS
PROPOSALS MUST BE RECEIVED ON OR BEFORE: Monday, June 17, 2024 at 12:00 p.m.

PROPOSALS WILL BE ACCEPTED UNTIL: Monday, June 17, 2024 at 12:00 p.m.

PLACE OF PROPOSAL RECEIPT: Office of the City Clerk, City Hall, 245 East, Bonita Avenue, San Dimas, California 91773
PROJECT IDENTIFICATION NAME: Inspection Services of Industrial/Commercial Facilities as Mandated by Order R4-2021 0105/National Pollutant
Discharge Elimination System (NPDES) Permit No.

CAS004004 and The Short-Lived Climate Pollutant
Organic Waste Reductions (SB 1383)
NOTICE IS HEREBY GIVEN that the City of San Dimas, County of Los Angeles, California, will receive up to, but not later than, the time set forth above sealed contract proposals for the award of a contract for the above project. All proposals shall be made on the form furnished by the City and shall be opened and publicly read aloud at the above-stated time in the Office of the City Clerk of the City of San Dimas, City Hall.

DESCRIPTION OF WORK: The City of San Dimas is seeking proposals from qualified consultants to perform Inspection Services for Commercial/Industrial facilities as detailed and identified under California SB 1383 and the Los Angeles Regional Water Quality Control Board MS4 permit, respectively, to ensure compliance with State law.

OBTAINING CONTRACT DOCUMENTS: Electronic copies of Contract Documents may be requested from the Public Works Department via email at [email protected] or by calling (909) 394-6240.

At the time of the award of the contract, the awarded firm shall possess a valid business license sufficient to cover all of the work performed.

The City reserves the right to reject any or all proposals and to waive any irregularities or informalities in any proposal or in the bidding and to make awards in the interest of the City. No firm may withdraw his bid for a period of ninety (90) calendar days after the opening of proposals.

For information, CITY OF SAN DIMAS
please call Public Works /Engineering
at (909) 394-6240 /s/ Debra Black
City Clerk of the City of San Dimas
PUBLISHED: Inland Valley Daily Bulletin
June 3, 2024

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1 INTRODUCTION
The City of San Dimas is seeking proposals from qualified consultants to perform Inspection Services for Commercial/Industrial facilities as detailed and identified under California SB 1383 and the MS4 permit, respectively, to ensure compliance with State law.

Respondents are required to submit 3 double-sided copies, one original and one electronic copy on a flash drive no later than Monday, June 17, 2024, at 12:00 p.m. at the Office of the City Clerk, located at 245 E Bonita Ave in San Dimas, CA 91773. Sealed Proposals should be labeled with: “RFP: Inspection Services for Industrial/Commercial Inspections”. Proposals received after that date and time will be rejected. Questions regarding this Request for Proposals should be directed to Lauren Marshall, Senior Management Analyst, in writing by email at [email protected] no later than 12:01 p.m. Monday, June 10, 2024. Addendums will be posted on the City website and emailed to the list of attendees from the site visit.

RFP specifications may be obtained from the Public Works Department, at City Hall located at 245 East Bonita Ave, San Dimas, CA or may be accessed from the City’s website at www.sandimasca.gov.

The City of San Dimas reserves the right to reject any or all Proposals, or waive defects in same, if it deems such to be in the best interest of the City of San Dimas. The City of San Dimas is an affirmative action, equal opportunity employer.

Shari Garwick
Director of Public Works

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2 BACKGROUND INFORMATION
The City of San Dimas (“The City”) is located midway (about 27 miles) between Los Angeles and San Bernardino, at the base of the San Gabriel Mountains. The San Dimas community has a population of approximately 36,000 residents. The City incorporated in 1960 and has developed into a well-balanced community offering industrial, commercial, and residential living. As part of this Request for Proposals (RFP), the Consultant will work closely with the City of San Dimas Public Works Department.

INDUSTRIAL/COMMERCIAL INSPECTION PROGRAM
A. MS4 Permit: Industrial/Commercial Facilities Inspection Program The City is soliciting proposals from qualified and experienced firms to provide National Pollutant Discharge Elimination System (NPDES) program management support services and assist the City with compliance efforts related to Los Angeles Regional Water Quality Control Board Municipal Separate Storm Sewer System (MS4) ORDER NO. R4-2021-0105 NPDES Permit No. CAS004004.

There are business licenses issued to approximately 300 industrial/commercial facilities that are subject to inspection in accordance with the NPDES Permit issued by the Los Angeles Regional Water Quality Control Board (Regional Board) on September 11, 2021.

San Dimas joined the neighboring Cities of Claremont, La Verne, and Pomona to form the East San Gabriel Valley Watershed Management Area (ESGV WMA) and developed a Watershed Management Program (WMP) and a Coordinated Integrated Monitoring Program (CIMP) Plan to comply with the 2021 NPDES Permit.

Industrial facilities are to be inspected upon review of the State Water Board’s Storm Water Multiple Application and Report Tracking System (SMARTS) database. The NPDES Permit further mandates maintaining an updated watershed-based inventory or database containing the latitude / longitude coordinates of all industrial and commercial facilities that are critical sources of stormwater pollution. • Perform stormwater related inspections of all designated industrial and commercial facilities (approximately 300) as required by the MS4 Permit to ensure implementation of Best Management Practices (BMPs), eliminate illicit connections and/or discharges to control discharge of pollutants to the MS4, and verify permit coverage.
• Update the Watershed-based database of all industrial and commercial facilities.
• Distribute BMP examples to facilities (ex. From CASQA manual) during NPDES inspections.
• Conduct follow-up inspections as required.
• Conduct public outreach to facilities.

Commercial facilities subject to inspection:
• Restaurants

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3 • Automotive service facilities (including those located at automotive dealerships) • Retail Gasoline Outlets
• Nurseries and Nursery Centers (Merchant Wholesalers, Nondurable Goods, and Retail Trade) USEPA “Phase I” Facilities [as specified in 40 CFR §122.26(b)(14)(i)- (xi)]
• Municipal landfills
• Hazardous waste treatment, disposal, and recovery facilities • Industrial facilities subject to section 313 “Toxic Release Inventory” reporting requirements of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) [42 U.S.C. § 11023]
• All other commercial or industrial facilities determined to possibly contribute a substantial pollutant load to the MS4.

B. SB 1383 Tier 1 & Tier 2 Inspection Program
The qualified firm will also assist with the planning and implementation of programs associated with the “Short-Lived Climate Pollutant Reduction Act” (SB 1383) Edible Food Recovery Program requirements. The California Department of Resources Recycling and Recovery (CalRecycle) created standards for SB 1383 which can be found at https://www.calrecycle.ca.gov/organics/slcp/ . SB 1383 establishes statewide targets to reduce the amount of organic waste disposal in landfills. It also sets a goal to recover at least 20% of edible food that is thrown away by donating it to people in need by 2025.

The City must identify edible food generators that are required to implement an edible food recovery program and connect them with a local food recovery organization. The City must also conduct annual outreach to edible food generators about their requirements under SB 1383 and perform annual inspections to ensure they have contracts in place with edible food recovery organizations and are keeping records of all recovered edible food. The City is seeking a qualified firm to ensure SB 1383 edible food recovery requirements are being met.

The Edible Food Recovery generators mentioned will also require either an Industrial or Commercial Inspection per the MS4 permit. The City would like to limit the number of times a business must be inspected by combining these two types of inspections listed above.

Edible Food Recovery Generator Inspections:
• Perform inspections of Tier 1 and Tier 2 edible food generators (approximately 75) as required by CalRecycle SB 1383 mandates.
• Ensure that each applicable location meet or exceeds State guidelines for food recovery.
• Conduct follow-up inspections as required.
• Provide completed inspection forms for each inspection.

The Contractor shall be knowledgeable in solid waste management practices and compliance specifically with, but not limited to, AB 939, AB 1826, and SB 1383.

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4 Commercial edible food generators subject to inspection:

Tier 1 Commercial Edible Food Generators
• Wholesale food vendors
• Food distributors
• Food service providers
• Grocery stores greater than/equal to 10,000 square feet and supermarkets Tier 2 Commercial Edible Food Generators
• Hotels with on-site food facility and 200+ rooms
• State agency cafeterias greater than/equal to 5,000 square feet or 250+ seats • Restaurant facilities greater than/equal to 5,000 square feet or 250+ seats • Health facilities with on-site food facility and 100+ beds • Large venues and events
• Local education agencies with on-site food facility
The Consultant must have the ability to provide trained and experienced personnel/staff to perform the Services set forth in this RFP which includes inspection services for both the MS4 Permit & SB 1383 Tier 1/Tier 2 edible food generators.

The successful Consultant will be required to enter into a written agreement with the City and provide certificates of insurance on forms acceptable to the City. The proposed contract is included in section XI “Draft Consulting Services Agreement.” The initial term will commence approximately on July 1, 2024 to June 30, 2026.

Thereafter, the City has the option to renew the contract subsequently to two-year (24 months) contract periods as follows:
• Second contract period will be from July 1, 2026 to June 30, 2028. • Third contract period will be from July 1, 2028 to June 30, 2030 In the event the term of the Agreement reaches the maximum contract term of six years, the City Manager shall have the authority to consent for an extension of the Contract for a reasonable period of time, such as a month to month basis under the same terms, until a new Contract is rebid and awarded.

Cost of Living. The Contractor will be provided an annual cost of living increase based on the local area Consumer Price Index (CPI – March of each year) to be implemented annually on July 1st beginning with July 1, 2025 and continued thereafter for the subsequent years of any renewed contract periods. Contractor must submit in writing its request for the annual cost of living increase by April each year.

SCOPE OF REQUIRED SERVICES
Task No. 1 – Project Schedule
Prior to commencing inspections, the Consultant shall prepare a revised project schedule Page 366 – 463 5 indicating a sectional break down of facilities subject to inspection, as well as a timeline for inspecting all facilities subject to inspection. Indicate periods of City reviews, processing, and other events that will influence the schedule of the project. The timeline should provide for a reasonable amount of time to re-inspect facilities that do not pass initial inspections.

Task No. 2 – Research, Review and Investigation
The Consultant shall be responsible for knowing and implementing all requirements pertaining to the inspection of Industrial/Commercial facilities as described and mandated by the National Pollutant Discharge Elimination System (NPDES) Permit R4-2021-0105, including any revisions or updates that may be added to said permit during the course of this contract. The Consultant shall be responsible for knowing and implementing all requirements pertaining to CalRecycle’s SB 1383 guidelines for food recovery efforts.

The Consultant shall provide City staff copies of all documentation relating to facilities inspected in that month and other related tasks.

Task 3 - Prepare & Utilize City-Specific Inspection Forms Working with input from the City, and incorporating all required elements of the NPDES Permit pertaining to the Inspection of Industrial/Commercial Facilities, the Consultant shall develop and prepare standardized inspection forms bearing the City's logo (provided by the City). The inspection forms shall include the following:
• Name of facility
• Name of owner/operator and contact information
• Address of facility (physical and mailing)
• North American Industry Classification System (NAICS) code • Standard Industrial Classification (SIC) code
• A narrative description of the activities performed and/or principal products produced
• Status of exposure of materials to stormwater
• Name of receiving water
• Identification of whether the facility is tributary to a CWA § 303(d) listed waterbody segment or water body segment subject to a TMDL, where the facility generates pollutants for which the waterbody segment is impaired. • If the facility is known to maintain coverage under the State Water Board’s General NPDES Permit for the Discharge of Stormwater Associated with Industrial Activities (Industrial General Permit) or other individual or general NPDES permits or any applicable waiver issued by the Regional or State Water Board pertaining to stormwater discharges.
• If the facility has filed a No Exposure Certification with the State Water Board.

The Consultant will coordinate with City staff to review and ensure completion of the City’s existing list of Tier 1 and Tier 2 Edible Food Generators and update as necessary.

The Consultant shall assess current compliance status for each Tier 1 and Tier 2 generator in the City to ensure they have existing contracts or written agreements with Page 367 – 463 6 edible food recovery services or organizations and that these generators maintain current copies of those contracts.

The scope of this task shall ensure compliance with Sections 18985.2, 18991.1, 18991.2, and 18994.2 of the Adopted SB 1383 Guidelines. The Consultant shall develop other relevant forms and tracking systems as required and/or necessary for compliant Edible Food Recovery Program procedures and processes. Consultant shall meet monthly with the City staff, at which time the Consultant shall provide copies of all documentation relating to facilities inspected in that month and other related tasks.

Task 4 - Prepare & Distribute Appropriate City-specific Educational Materials Consultant shall prepare, in cooperation with the City, educational materials for all types of facilities subject to inspection, using City logo and City-specific contact information.

These educational materials shall include best management practices (BMPs) specific to each type of facility such as restaurants, retail gasoline outlets, etc.

Task 5 - Conduct Facility Inspections for MS4 Permit & SB1383 as applicable, including but not limited to:
• Verify food recovery efforts for organics.
• Map location and number of all permitted storm drain connections in a format approved by the City.
• Check for illicit connections.
• Identify and document violations.
• Issue Correction Notices and/or Notices of Violation as needed. • In conjunction with City staff, conduct follow-up inspections and assist in issuance Correction Notices and/or Notices of Violation if needed. • Verify food recovery efforts.

Task 6 – Project Management
Consultant shall submit monthly invoices showing each employee classification, the number of hours worked during the billing period, the hourly rates, and the total amount, together with the cost of outside services, and other project-related cost items. The billing shall also show the amount billed to date, amount paid to date, and the current balance to be paid. Said invoices shall be due and payable within thirty (30) calendar days following receipt by the City.

PROPOSAL SCHEDULE
The estimated schedule for this RFP is as follows:

RFP Release 6/3/2024
Pre-Proposal Requests for Clarification (by 12:00 p.m.) 6/10/2024 Proposal Due Date (by 12:00 p.m.) 6/17/2024
Pre-Proposal Meeting N/A

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7 Anticipated Final Selection 7/1/2024
Council Approval 7/23/2024
Project Start 8/22/2024

SERVICES AND PERSONNEL
The Consultant shall furnish to the City all labor, materials, tools, equipment, services and incidentals, and adequately supply professional staff necessary to fully complete the proposed project with the primary purpose of ensuring City compliance with federal, state, and local regulations in stormwater and solid waste management. The Contractor shall propose the level of staffing (hours) required to complete the scope of work. Work to the extent practicable may be completed offsite with remote access to necessary documents.

The Consultant must complete the Scope of Work Services within the time committed schedule submitted as part of the proposal, or as modified and agreed to in Task No. 1.

The Consultant will provide and complete the aforementioned tasks within the not-toexceed period, from the initial Notice to Proceed. If additional alternative, revised, amended or supplemental Scope of Services has been approved, the not-to-exceed period of performance contained in this proposal shall apply.

SUBSTITUTION OF KEY PERSONNEL
The Project Manager and other key personnel identified in the proposal are expected to remain assigned to the project from contract negotiations through project completion.

Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence and experience upon written approval of the City, which will not be unreasonably withheld.

In the event that the Project Manager or one of the key personnel is replaced or no longer available for any reason without the written consent of the City, the contract may be cancelled.

Any personnel who fail or refuse to perform the services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.

In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate the Contract Agreement for cause.

CONSULTANT REPRESENTATIVE
Consultant shall designate a representative who shall have full authority to represent and Page 369 – 463 8 act on behalf of the Consultant. The Consultant’s Project Manager shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures for the satisfactory completion of the project design and bidding documents.

REQUIRED PROPOSAL FORMAT
Proposals shall include three (3) double-sided hard copies, one (1) original single sided copy, and one (1) electronic pdf version.

Proposals shall be organized, tabbed, and numbered in the order presented above.

Proposals must include page numbers for all pages in the Proposal.

Proposals shall not be folded or bound. Place copies in binder.

Respondent's Proposal shall be clear, accurate, and comprehensive. Excessive or irrelevant materials will not be favorably received. The content and sequence of the information contained in each copy of the Proposal shall be as follows:

I. Table of Contents
II. Cover Letter/Executive Summary: Include in executive summary the name, address, telephone number, title, and signature of the contact person for this proposal. The summary should also state the proposal is valid for 90 days.

III. Approach and Scope of Work
IV. Work Schedule: Include a timeframe for project completion and benchmark dates for major tasks
V. Organization Chart, Project Team Staffing Plan, Key Personnel and Resumes. • Names, qualifications and resumes of the firm’s “project manager” and support staff who will be conducting the work.
• Include individual authorized to negotiate the contract on behalf of the consulting team
VI. References: Minimum of three (3) Public Agency references from similar project experience.
• A listing of preferably three (3) clients and projects for whom similar work has been performed by the “Project Manager”, including contact persons, addresses and telephone numbers.
• Please ensure that the individual referenced is still with the contracting agency for which the work was performed or give that person’s current telephone number.

VII. Fee schedule

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9 The cost proposal shall be submitted in a separate, sealed envelope, which shall be marked "Cost Proposal” and state Respondents name.

To facilitate negotiations, respondents must provide the following information and must be contained within the proposal:
• Completed Estimated Labor Hours & Fee Proposal sheet with a total notto-exceed amount per inspection • The hourly rates for various positions the respondent would expect to be compensated.
• An estimate of the number of hours that would be needed, on either a weekly or monthly basis, to fulfill the responsibilities for the various positions with benchmark dates for major tasks.
• Names and qualifications of the firm’s sub-consultants, description of their experience relating specifically to inspection of industrial/commercial facilities in accordance with the Los Angeles County NPDES Permit, or similar experiences.
• A list of any other expenses that may be required to complete the work. • A total not-to-exceed cost to complete the work.

SUBMITTAL INSTRUCTIONS
Proposals must be received at City Hall no later than 12:00 p.m. on the date indicated in Section 2. Proposals received in the mail after 12:00 p.m. on the date indicated in Section 2, regardless of the date of their postmarks, will be rejected.

Proposals will be received at the following address:

City of San Dimas City Hall
Attention: City Clerk
245 East Bonita Avenue
San Dimas, CA 91773
If hand delivered, address as above and deliver to the City Clerk receptionist at City Hall.

The envelope should clearly indicate "Proposal for Industrial Commercial Inspection Services" and Respondent's name and address shall appear in the upper left-hand corner of the envelope. If more than one envelope is required, each envelope shall be legibly numbered below the name of the Respondent, e.g. Envelope 1 of 3, as required.

The cost proposal shall be submitted in a separate, sealed envelope, which shall be marked "Cost Proposal” and state Respondents name.

EVALUATION
Evaluation Criteria
A Selection Committee will evaluate and rank the proposals. Proposals will be evaluated

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10 according to the following criteria:

1. Ability, capacity and skills necessary to perform service. 0 to 30 points

2. Ability to meet time requirements imposed by project. 0 to 10 points

3. Character, integrity and reputation through a reference check. 0 to 25 points

4. Previous experience with the vendor. 10 to 10 points

5. Sufficiency of financial resources needed to perform services. 0 to 10 points

6. Reasonableness of cost. 0 to 15 points
Respondent Presentations/Interviews
The City may, at its discretion, invite a shortlist of Respondents to participate in a panel interview to be held at City. The City may require that Respondents prepare a presentation as part of the interview. No Respondent shall be entitled to or otherwise guaranteed an interview.

Award of Contract
If awarded, the contract will be awarded on the basis of the evaluation criteria set forth herein. The City reserves the right to reject all Proposals and to contract for services in the manner that most benefits the City including awarding more than one contract if desired. If selected, Respondent will be expected to execute a contract with the City in substantially the same form as the Agreement attached hereto as Appendix A.

Protests
Protests based on the content of the RFP shall be submitted to the City no later than ten (10) calendar days prior to the scheduled Proposal submittal deadline. Any respondent protesting the recommended award on any ground not based upon the content of RFP must file a protest with the City within three (3) calendar days after the issuance of a notice of recommendation for award. Any protest must include supporting documentation, legal authorities in support of the grounds for the protest and the name, address and telephone number of the person representing the Respondent for purposes of the protest.

Any matters not set forth in the protest shall be deemed waived.

The City will review and evaluate the basis of the protest provided the protest is filed in strict conformity with the foregoing. The City shall provide the Respondent submitting the protest with a written statement concurring with or denying the protest. Action by the City relative to the protest will be final and not subject to appeal or reconsideration. The procedure and time limits set forth in this section are mandatory and are the Respondent’s sole and exclusive remedy in the event of protest. Failure to comply with these procedures will constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

REQUESTS FOR CLARIFICATIONS
Inquiries and Addenda
For inquiries regarding this RFP please contact Lauren Marshall, Page 372 – 463 11 [email protected]. Proposers must email inquiries no later than 12:00 p.m. on Monday, June 10, 2024. Inquiries received after that date and time will not be answered.

Oral statements regarding this RFP by any persons should be considered unverified information unless confirmed in writing.

The City will issue any revisions to this RFP as addenda. The City will distribute addenda to all potential proposers and post addenda on the City’s website: sandimasca.gov.

Proposers are responsible for receipt of all addenda. The City’s issuance of a written addendum is the only method whereby the City will interpret, clarify, or provide information concerning this RFP. No oral revisions to any provision in this RFP shall be binding.

GENERAL PROVISIONS
Respondent is encouraged to review this RFP carefully in its entirety prior to preparation of its Proposal. The City reserves the right to reject any or all Proposals or to select the Proposal most advantageous to the City. The City reserves the right to verify all information submitted in the Proposal. During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from Respondents or to allow corrections of errors or omissions.

Amendments to RFP. The City reserves the right to amend the RFP or issue to all Respondents a Notice of Amendment to answer questions for clarification.

No Commitment to Award. Issuance of this RFP and receipt of Proposals does not commit the City to award a contract. The City expressly reserves the right to postpone the RFP process for its own convenience, to accept or reject any or all Proposals received in response to this RFP, to negotiate with more than one Respondent concurrently, or to cancel all or part of this RFP.

Amendments to Proposals. No amendment, addendum or modification will be accepted after the deadline stated herein for receiving Proposals. Respondent may modify or amend its Proposal only if the City receives the amendment prior to the deadline stated herein for receiving Proposals.

Non-Responsive Proposals. A Proposal may be considered non-responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the Proposal.

Late Proposals. The City will not be responsible for Proposals that are delinquent, lost, incorrectly marked, sent to an address other than that given herein, or sent by mail or courier service and not signed for by the City.

Costs for Preparing. The City will not compensate any Respondent for the cost of preparing any Proposal, and all materials submitted with a Proposal shall become the property of the City. The City will retain all Proposals submitted and may use any idea in a Proposal regardless of whether that Proposal is selected.

Alternative Proposals. Only one final Proposal is to be submitted by each Respondent.

Multiple Proposals will result in rejection of all Proposals submitted by the Respondent.

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12 Public Documents; Confidential Information. Proposals submitted in response to this RFP shall be held confidential by City and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.) until after either City and the successful Respondent have completed negotiations and entered into the Agreement or City has rejected all Proposals. All correspondence with the City including responses to this RFP will become the exclusive property of the City and will become public records under the California Public Records Act. The City will have no liability to the Respondent or other party as a result of any public disclosure of any Proposal.

If a Respondent desires to exclude a portion of its Proposal from disclosure under the California Public Records Act, the Respondent must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Respondent submits trade secret information, the Respondent must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. If a request is made for information marked “Confidential”, “Trade Secret” or “Proprietary” (“Proprietary Information”), the City will provide Respondents who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction.

Respondent shall have five (5) working days after receipt of such notice to give City written notice of Proposer's objection to the City's release of Proprietary Information.

Respondent shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information.

Proposals which indiscriminately identify all or most of the Proposal as exempt from disclosure without justification may be deemed unresponsive and disqualified from further participation in this RFP.

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The undersigned submits herewith a statement of work which he has successfully performed of a character similar to that included in the proposed Contract.

1. JURISDICTION:

CONTACT PERSON: PHONE: (____)
PROJECT PERFORMED:

2. JURISDICTION:

CONTACT PERSON: PHONE: (____)
PROJECT PERFORMED:

3. JURISDICTION:

CONTACT PERSON: PHONE: (____)
PROJECT PERFORMED:

4. JURISDICTION:

CONTACT PERSON: PHONE: (____)
PROJECT PERFORMED:

5. JURISDICTION:

CONTACT PERSON: PHONE: (____)
PROJECT PERFORMED:

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14 NON-COLLUSIVE AFFIDAVIT

REQUEST FOR PROPOSALS
FOR

INSPECTION SERVICES FOR INDUSTRIAL/COMMERCIAL FACILITIES

NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

STATE OF CALIFORNIA )
) ss.

COUNTY OF _____________________)
__________________________________, being first duly sworn, deposes and says (name)

that he or she is _______________________________________________________ of (position / title)
___________________________________________________________________, (the bidder)
the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of , any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

DATED: _________________________ By______________________________ (Person signing for bidder)

EXECUTE ATTACHED NOTARY ACKNOWLDGMENT,
(California Civil Code Section 1189)

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15 INDUSTRIAL/COMMERCIAL/SB 1383 INSPECTIONS

ESTIMATED LABOR HOURS & FEE PROPOSAL

FOR CITY OF SAN DIMAS

SUB-TASK

DESCRIPTION

HOURLY RATE
(INCLUDING

OVERHEAD
COSTS)

AMOUNT OF

TIME SPENT

AT EACH

INSPECTION

TOTAL COST
PER

INSPECTION

NUMBER OF
FACILITIES* TOTAL

STORMWATER COMPLIANCE FACILITY INSPECTIONS (EACH)

INDUSTRIAL
FACILITY 100

COMMERCIAL
FACILITY 2

FOLLOW UP
INSPECTION 25

STORMWATER COMPLIANCE FACILITY INSPECTIONS WITH SOLID WASTE PROGRAM

OUTREACH (EACH)

INDUSTRIAL
FACILITY 14

COMMERCIAL
FACILITY 98

FOLLOW UP
INSPECTION 28
STORMWATER COMPLIANCE FACILITY INSPECTIONS WITH SB 1383 COMPLIANCE INSPECTIONS (EACH)

INDUSTRIAL
FACILITY 8

COMMERCIAL
FACILITY 16

FOLLOW UP
INSPECTION 24

SUBTOTAL
CONTINGENCY 15%
NOT-TO-EXCEED TOTAL *NUMBER OF FACILTIES MAY FLUCTUATE DURING THE LIFE OF THE CONTRACT

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16 INDUSTRIAL/COMMERCIAL/SB 1383 INSPECTIONS

ESTIMATED FEE SCHEDULE & STANDARD HOURLY RATE TABLE
FOR CITY OF SAN DIMAS**

TITLE/STAFF HOURLY RATE

1. 2.

3. **THE ABOVE HOURLY RATES INCLUDE GENERAL AND ADMINISTRATIVE OVERHEAD AND FEES AND EMPLOYEE

PAYROLL BURDEN

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17 APPENDIX A

DRAFT CONSULTING SERVICES AGREEMENT

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18 CITY OF SAN DIMAS

PROFESSIONAL SERVICE AGREEMENT
This professional service agreement (“Agreement”), is made and effective on this ____________, between CITY OF SAN DIMAS ("Agency"), a municipal corporation, and _____________________________ (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. TERM
This Agreement shall commence on _____________ and shall remain and continue in effect until tasks described herein are completed, but in no event later than _____________ unless sooner terminated pursuant to the provisions of this Agreement.

The initial contract term will commence approximately on July 1, 2024 to June 30, 2026.

Thereafter, the City has the option to renew contract subsequently to two-year (24 months) contract periods as follows:
•Second contract period will be from July 1, 2026 to June 30, 2028 •Third contract period will be from July 1, 2028 to June 30, 2030 In the event, the term of the Agreement reaches the maximum contract term of six years, the City Manager shall have the authority to consent for an extension of the Contract, for a reasonable period of time, such as a month to month basis under the same terms, until a new Contract is rebid and awarded.

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19 enlarge the tasks to be performed per “Exhibit A” or change Consultant's compensation, subject to Section V hereof.

V. PAYMENT
A. Agency agrees to pay Consultant in accordance with the payment rates and terms and the schedule of payment as set forth in tasks to be performed per “Exhibit B” (“Payment Schedule”), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Total payment to Consultant pursuant to this Agreement shall not exceed amount written in words ($dollar amount) absent a written amendment to this Agreement.

B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency’s City Manager (or their designee). Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency’s City Manager (or their designee) and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services.

B. In the event this Agreement is terminated pursuant to this section, the Agency shall pay to Consultant the actual value of the work performed up to the time of Page 381 – 463 20 termination, less any disputed amounts. Upon termination of the Agreement pursuant to this section, the Consultant will submit an invoice to the Agency as provided herein above.

B. If the Agency’s City Manager (or their designee) determines the Consultant is in default in the performance of any of the terms or conditions of this Agreement, Agency shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service of default notice to cure the default as directed by the Agency in the notice of default. In the event the Consultant fails to cure its default within such period of time, the Agency shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

VIII. OWNERSHIP OF DOCUMENTS
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the Agency at reasonable times to such books and records; shall give Agency the right to examine and audit said books and records; shall permit Agency to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to Page 382 – 463 21 this Agreement shall become the sole property of the Agency and may be used, reused, or otherwise disposed of by the Agency without the permission of the Consultant. With respect to computer files, Consultant shall make available to the Agency, at the Consultant's office and upon reasonable written request by the Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Consultant hereby grants to Agency all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant in the course of providing the services under this Agreement.

XI. INDEPENDENT CONTRACTOR
A. Consultant is and shall at all times remain as to the Agency a wholly independent contractor.

The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency nor any Page 383 – 463 22 of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement.

Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the Agency.

Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against Agency, or bind Agency in any manner.

XV. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without Agency's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the Agency City Manager (or their designee) or unless requested by the Agency, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the Agency. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Agency notice of such court order or subpoena. Page 384 – 463 23 B. Consultant shall promptly notify Agency should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the Agency, unless the Agency is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Consultant is prohibited by law from informing the Agency of such Discovery.

Agency retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless Agency is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with Agency and to provide the opportunity to review any response to Discovery requests provided by Consultant. However, Agency's right to review any such response does not imply or mean the right by Agency to control, direct, or rewrite said response.

To AGENCY: City of San Dimas To CONSULTANT: __________________ 245 E Bonita Avenue __________________
San Dimas, CA 91773 __________________
Attn: ______________ Attn: _____________
_____________
XVII. ASSIGNMENT
A. Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Agency. Due to the personal nature of the services to be rendered pursuant to this Agreement, only Consultant shall perform the services described in this Agreement.

C. _______________ may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of ________________ from Consultant's employ. Should __________________ leave Consultant's employ, the Agency shall have the option to

Page 385 ends

24 immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the Consultant.

Page 386 ends

25 ///
///
///
///
///
///
///
///
///
///
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
“CONSULTANT”
Consultant name
By: ________________________________ (Signature)
________________________________ (Typed Name)
________________________________ (Title)
“AGENCY”
ATTEST: CITY OF SAN DIMAS, a municipal corporation
By: By:

Debra Black, City Clerk Chris Constantin, City Manager
Approved as to form:

By:

Jeff Malawy, City Attorney
Attachments: Exhibit A Tasks to Be Performed/Consultant’s Proposal Exhibit B Payment Schedule
Exhibit C Insurance Requirements
Exhibit D Request for Proposal

Page 387 ends

26 EXHIBIT A
TASKS TO BE PERFORMED/CONSULTANT’S PROPOSAL
Consultants Proposal
Date of proposal

Page 388 ends

27 EXHIBIT B

PAYMENT SCHEDULE
Full contract amount to be paid upon satisfactorily completion of the work and according to Section V, Payment

Page 389 ends

28 EXHIBIT C

Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).

Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees, and volunteers.

Other provisions or requirements

Page 390 ends

29 Proof of insurance. Consultant shall provide certificates of insurance and required endorsements to Agency as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Agency for the contract period and any additional length of time required thereafter. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

Page 391 ends

30 feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.

Page 392 ends

31 substantial additional cost to the Consultant, the Agency and Consultant may renegotiate Consultant’s compensation.

Page 393 ends

32 EXHIBIT D

REQUEST FOR PROPOSAL
Inspection Services of Industrial/Commercial Facilities as Mandated by Order R4-2021-0105/National Pollutant Discharge Elimination System (NPDES) Permit No.

CAS004004
and
The Short-Lived Climate Pollutant Organic Waste Reductions (SB 1383)

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33 APPENDIX B

INSPECTION TABLE

Page 395 ends

Business Name Address Industrial Inspection Commercial Inspection SB 1383 Outreach Tier 1 Tier 2 7 Eleven 17210 D/ BUS-21 660 E. Foothill Blvd X X
99 Cents Only Store 602 W. Arrow Hwy X X
A& H Wire Edm 474 W. Arrow Hwy #K X
Ace Auto Care 111 W. Bonita Ave X
AC Propulsion Inc. 441 Borrrego Ct X
Acrobuilt LLC 559 W. Covina Blvd X
Aeropres Corp. 445 S. Cataract Ave X
Aerotect 846 W. Cienega Ave X
Affordable Auto Care 203 E. Arrow Hwy X
Albertsons #594 220 E. Bonita Ave X X
Allessandro’s Pizza 671 E. Bonita Ave Ste. C X X
Ambro’s Sandwich 105 Arrow Hwy X X
Angela’s Italian Kitchen 130 E. Bonita Ave X X
Anko Food Tech Inc. 635 W. Allen Ave X X
Applebee’s Neighborhood Grill & Bar 674 W. Arrow Hwy X X ARA Inc. 457 Borrego Ct X X
Autozone #6055 702 W. Arrow Hwy X
Baby Bro’s Pizza & Wings 125 Village Ct X X
Baskin-Robbins #6137 557 W. Arrow Hwy X X
Benjamin Daperies LLC 445 W. Allen Ave #110 X X
Beyond U. Inc (Yogurtland) 468 N. Lone Hill Ave X
Bolide Technology Group 468 S. San Dimas Ave X X
Bolt Products Inc. 450 S. San Dimas Ave X
Bonita Unified School District 115 W. Allen Ave X X
Brother’s Nursery Inc. 302 E. Foothill Blvd #202 X X
Burning Bridge Brewing LLC 555 W. Allen Ave #11 X X
Butter Café and Bakery 671 E. Bonita Ave Ste. #F X X
C&H Machine 924 N. Cataract Ave X
Café Rio 1042 W. Gladstone X X
Calaveras Liquor Inc. 105 W. Arrow Hwy #12 X X
California Design, Printing & Marketing 456 S. San Dimas Ave X Carl’s Jr. #234 698 W. Arrow Hwy X X

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Business Name Address Industrial Inspection Commercial Inspection SB 1383 Outreach Tier 1 Tier 2 Carlson Engineering & Manufacturing 425 W. Allen Ave #114 X Casa Bonita Convalescent Hospital 535 E. Bonita Ave X X Casa del Rey 345 W. Bonita Ave X X
Chaparral Lanes 400 W. Bonita Ave X X
Choji Matsushita (Nursery) 724 N. Cataract Ave X X
Chopsticks House 866 W. Arrow Hwy X X
Circle K Store #8587 301 E. Bonita Ave X X
Clete’s Liquor 168 E. Bonita Ave X X
Coe & Dru Inc. 589 Terrace Drive X
Cold Stone Creamery 1009 W. Arrow Hwy X X
Coney Island Creamery 623 W. Covina Blvd X X
Corvette Specialists 464 S. Cataract Ave #B X
Core Motorsports Inc. 279 W. Allen Ave X
Cosmo Beauti Lab & Manufacturing 480 E. Arrow Hwy X
Costco Wholesale #1015 520 N. Lone Hill Ave X X
Crowley Micrographics 972 N. Amelia Ave X
Cupcakes & Co. 210 W. Arrow Hwy Unit N X X
Custom Cooler Inc. 420 E. Arrow Hwy X
CVS/Pharmacy #4790 888 W. Arrow Hwy (In Target) X
Daily Donuts 105 W. Arrow Hwy X X
DC Shock Services 466 W. Arrow Hwy #A X
Del Taco #358 694 W. Arrow Hwy X X
Denny’s Restaurant #6076 548 W. Arrow Hwy X X
Donut Queen 1431 W. Arrow Hwy X X
Donuts Galore 1112 Via Verde X X
Early Ford Store of California 108 W. Bonita Ave X
E.R. Auto Care 151 S. Eucla Ave X
El Pollo Loco #5984 1006 W. Arrow Hwy X X
Emmy Pallets 515 W. Allen Ave #6 X
Enviro-Guide Inc. 615 W. Covina Blvd X
Epicautoteks 535 W. Allen Ave #14 X
Farmer's Market Natural Foods 685 E. Bonita Ave X X

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Business Name Address Industrial Inspection Commercial Inspection SB 1383 Outreach Tier 1 Tier 2 F & R Interior Woodworks 535 W. Allen Ave #19 X
Fire Fresh Pizza LLC 425 W. Allen Ave #103 X X
First C.N.C. Manufacturing 515 W. Allen Ave #2 X
Five Guys Burgers and Fries 1050 W. Gladstone St X X
Flame Broiler 1059 W. Arrow Hwy X X
Foam Design Group 253 W. Allen Ave X
Foes Fabrication Inc. 930 N. Amelia Ave X
Foothill Dairy Drive In 130 S. Valley Center X X
Forplax Los Angeles LLC 980 W. Cienega Ave X
Full Circle Marketing 910 N. Cataract Ave X
Gammalux Lighting Systems Inc. 248 E. Arrow Hwy X
General Pump Co. 159 N. Acacia St X
Gilead Sciences Inc. 650 Cliffside Dr X
Golden Eagle Manufacturing 414 Borrego Ct X
Grid Exhibition Services Inc. 525 W. Terrace Dr X
Guacamole King 402 W. Arrow Hwy #10 X X
Haas Bros Automotive 139 S. Eucla Ave X
Hamilton Sunstrand (Collins Aerospace) 936 Overland Ct X Highpoint Brewing Company 402 W. Arrow Hwy #12 X X
Highline Cabinet Systems 409 Borrego Ct X
Himalayan Group Inc. (Cafe) 133 E. Bonita Ave X X
I Heart Cake 1021 W. Arrow Hwy X X
IHOP 775 903 W. Arrow Hwy X X
IMCO Marine 510 E. Arrow Hwy X
Imperial Stations Inc. #7 (Berri Brothers) 105 E. Arrow Hwy X Inhouse Coffee 942 W. Arrow Hwy X X
Isles Creation LLC 210 W. Arrow Hwy Unit L X
It's Boba Time 963 W. Arrow Hwy X X
J.F. Mediterranean Cuisine 105 W. Arrow Hwy #10 X X
Jack in the Box 1125 W. Arrow Hwy X X
JCM Drapery Plus 545 W. Allen Ave #23 X
JD2 Inc. Innovative Steel (Giovanna Wheels) 960 N. Amelia Ave X Jersey Mike’s Subs 466 N. Lone Hill Ave X X

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Business Name Address Industrial Inspection Commercial Inspection SB 1383 Outreach Tier 1 Tier 2 John Harrington Automotive 946 N. Cataract Ave X
Kahu Hawaiian BBQ 138 E. Bonita Ave X X
Kap Manufacturing Inc. 327 W. Allen Ave X
KFC 723 W. Arrow Hwy X X
Kensington Productive Products 457 W. Allen Ave #104 X
Klatch Coffee 806 W. Arrow Hwy Ste. A X X
Kosmos Burgers 416 E. Foothill Blvd X X
Kotsu Ramen & Gyoza 969 W. Arrow Hwy X X
Krispy Kreme Doughnuts 1024 W. Gladstone St X X
L.A. Autowerks LLC 300 S. Walnut Ave Ste. 405 X
La Poblanita Mexican Food 105 W. Arrow Hwy #5 X X
La Villa Kitchen 1144 Via Verde X X
Lifeline Batteries 292 E. Arrow Hwy X
Little Caesars Pizza 806 W. Arrow Hwy Unit B X X
Little Tokyo Restaurant 150 E. Bonita Ave X X
Louis Vuitton Mfg Inc. 321 W. Covina Blvd X
Lowe’s Home Center #1170 633 W. Bonita Ave X
Lucky Elephant Thai Cuisine 531 W. Arrow Hwy X X
Luminous Concepts LLC 882 W. Cienega Ave X
Machinery & Equipment Co. 115 N. Cataract Ave X
Madison's Grand Ave Chocolates 400 E. Arrow Hwy X X
Magor Mold Inc. 420 S. Lone Hill Ave X
McDonald’s Restaurant 741 W. Arrow Hwy X X X
Mediterranean Bakery and Deli 1451 W. Arrow Hwy X X
Michaelangelo’s Pizza Parlor 552 W. Arrow Hwy X X
Mike’s Pizza 1441 W. Arrow Hwy X X
Montana’s 657 W. Arrow Hwy X X
Most Excellent of San Dimas 222 S. San Dimas Ave X X
Najjar Lube Centers Inc. 490 W. Arrow Hwy #D X
Nathan & Nathan LLC (ARCO) 645 E. Foothill Blvd X
Nekter Juice Bar 1034 W. Gladstone X X
New Spirit Naturals Inc. 615 W. Allen Ave X X
Nick the Greek 1045 W. Arrow Hwy X X

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Business Name Address Industrial Inspection Commercial Inspection SB 1383 Outreach Tier 1 Tier 2 O Sushi 1126 Via Verde X X
Ocean House Fish Grill 559 W. Arrow Hwy X X
Olive Garden #4407 582 N. Lone Hill Ave X X X
O'Neill Tube & Reel Inc. 611 W. Terrace Dr X
Organic Milling Inc. 505 W. Allen Ave X X
Organic Milling Inc. 631 W. Terrace Dr X X
Oscars Upholstery Studio 125 E. Arrow Hwy X
P'acos (Cafe Las Pupusas) 380 S. San Dimas Ave #102 X X Palermo Cafe and Bakery 1124 Via Verde X X
Panda Express #2020 508 N. Lone Hill Ave X X
Panera Bread #1857 1054 W. Gladstone X X
Papa’s Best Sandwiches & More 1034 W. Arrow Hwy Unit B X X Paradise Screen Printing & Embroidery 650 W. Terrace Dr X Parlor Frozen Yogurt & Creperie 1453 W. Arrow Hwy X X
Performance Horses (True North Equine) 1525 N. Sycamore Canyon Rd X Pertronix Inc. 440 E. Arrow Hwy X
Petco #599 822 W. Arrow Hwy X
Philly’s Best of San Dimas 806 W. Arrow Hwy X X
Pho & Grill Vietnamese Restaurant 873 W. Arrow Hwy X X
Pinnacle Peak Steakhouse 269 Foothill Blvd X X
Popeye’s Restaurant 101 Village Ct X X
Pozzetto Italian Dining 114 W. Bonita Ave X X
Prado Nursery 619 W. Ghent X X
Prestige Pro Care LLC 300 E. Walnut Ste #402 X
Print Connection 417 W. Allen Ave #102 X
Pristine International Sales (Glass & Window) 609 W. Covina Blvd X Puritan Medical Equipment & Supplies 325 E. Arrow Hwy #506 X Quality Instant Printing 163 W. Bonita Ave X
Quicksilver Controls Inc. 990 N. Amelia Ave X
Raging Waters 111 Raging Waters Dr X X
Rail Side Café 322 S. San Dimas Ave X X
Ranch Town Liquor & Deli 1112 N. San Dimas Ave X X
Ravian Group LLC 573 W. Terrace Wy X

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Business Name Address Industrial Inspection Commercial Inspection SB 1383 Outreach Tier 1 Tier 2 Record Xpress (Organic Milling Warehouse) 305 S. Acacia St X X Red Robin Gourmet Burgers 565 W. Arrow Hwy X X
Reyes Automotive 590 E. Arrow Hwy Ste. K X
RMB Mgmt Group (Las Palmas) 662 W. Arrow Hwy X
Roady’s Restaurant 160 W. Bonita Ave X X
Rolloface Performance Inc. 457 W. Allen Ave #112 X
ROW Signs & Graphics 150 E. Arrow Hwy X
Royal Panda 855 W. Arrow Hwy X X
Saam Corporation (Vertex Diamond Tool) 940 W. Cienega Ave X San Dimas Auto Body 870 W. Cienega Ave #6 X
San Dimas Canyon Golf Course 2100 Terrebonne Ave X X
San Dimas Chevron 111 W. Bonita Ave X
San Dimas Chevron 1110 W. Gladstone St X
San Dimas Community Hospital 1350 W. Covina Blvd X X
San Dimas Grain 142 W. Bonita Ave X
San Dimas Liquor 1427 W. Arrow Hwy X X
San Dimas Mobil/7Eleven 39661A 845 W. Arrow Hwy X X
San Dimas Retirement 834 W. Arrow Hwy X X
San Dimas Service Station 102 E. Arrow Hwy X
San Dimas Shell 630 W. Bonita Ave X
San Dimas Tire Pros 603 W. Terrace Dr X
San Dimas Wine Shop & Tasting Room 225 W. Bonita Ave X X Sanders Auto 344 W. Arrow Hwy X
Sata Lawnmower Shop 221 W. Bonita Ave X
Sherwin Williams Company 762 W. Arrow Hwy X
Show Sushi 957 W. Arrow Hwy X X
Sigtronics Corp. 178 E. Arrow Hwy X
Serento Casa Senior Living 1740 S. San Dimas Ave X X
Smart & Final 1005 W. Arrow Hwy X X
Spectrum Instruments Inc. 570 E. Arrow Hwy #D X
Springtree Investments (Walgreens) 1034 W. Arrow Hwy X X Squeezeme/Smoothie Juice Bar 515 W. Arrow Hwy X X
Starbucks #9253 114 E. Bonita X X

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Business Name Address Industrial Inspection Commercial Inspection SB 1383 Outreach Tier 1 Tier 2 Starbucks Coffee #5317 999 W. Arrow Hwy X X
Stater Bros Market #56 1425 W. Arrow Hwy X X
Stevenson Dental Solutions Inc. 570 E. Arrow Hwy #B X
Stubborn Mule Kitchen & Alehouse 661 W. Arrow Hwy X X
Subway 1045 W. Arrow Hwy #40 X X
Subway 1510 134 W. Bonita Ave E-3 X X
Sudz Kitchen 233 W. Bonita Ave X
Sunny – Peter Corp DBA Donut Club 861 W. Arrow Hwy X X
Sushiya 536 W. Bonita Ave X X
Sweet Savory Café & Bakery 138 W. Bonita Ave X X
Swordfish Tools Inc. 555 W. Allen Ave Unit #2 X
Synchrotech Transmissions Inc. 581 W. Covina Blvd X
Taco Bell 705 W. Arrow Hwy X X
Taqueria Poncitlan 1057 W. Arrow Hwy X X
Target Store #T 767 888 W. Arrow Hwy X X
Teaport Inc. 1028 W. Gladstone St X X
Tekarbon 870 W. Cienega Ave #2 X
Teriyaki House Inc. 1415 W. Arrow Hwy X X
Terraces at Via Verde 1155 Via Verde X X
The Enchanted Rose Tea Parlour 120 W. Bonita Ave Ste. G X X The Habit 470 N. Lone Hill Ave X X
The Pizza Place 170 E. Bonita Ave X X
The Poke Co. & Wings 1046 W. Gladstone St X X
Thunderbird Industries Inc. 695 Terrace Dr X
Tire Choice 100 W. Bonita Ave X
T K Print Management 580 E. Arrow Hwy #E X
Top Thai Table 110 N. San Dimas Ave X X
Total Wine Spirits Beer & More 826 W. Arrow Hwy X X
Trader Joe’s #28 856 W. Arrow Hwy X X
Tropicana Outdoor Living 949 N. Cataract Ave X
TVM Petromart Corp (76 Via Verde) 1790 S. San Dimas Ave X Twisted Sage Café & Catering 433 E. Foothill Blvd X X

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Business Name Address Industrial Inspection Commercial Inspection SB 1383 Outreach Tier 1 Tier 2 Via Verde Country Club 1400 Avenida Entrada X X
Villas Precision Inc. 565 Covina Blvd X
Vincenzo's Terrazza at The Walker House 121 N. San Dimas Ave X X Ventilators Plus 260 W. Arrow Hwy #G X
Von’s Grocery #2125 1160 Via Verde X X
VN Cuisine 658 W. Arrow Hwy X X
Waba Grill #211 1036 W. Gladstone St X X
Wavestream Corporation 545 W. Terrace Dr X
West Park Senior Living 801 Cypress Wy X X
Western Graphics Inc. 714 W. Cienega Ave X
Westin Automotive Products Inc. 320 W. Covina Blvd X
Western Pacific Storage Solutions 300 W. Arrow Hwy X
Wincy America 210 W. Arrow Hwy X
Wood Castle Construction, Inc. 121 E. Arrow Hwy X
Wrapsody LLC 239 W. Allen Ave X
Xclusive Automotive Inc. 590 E. Arrow Hwy Unit K X
Yee Motorsports LLC 135 S. Eucla Ave X
Young Engineering & Mfg Inc. 560 W. Terrace Dr X
Zendejas Mexican Restaurant 665 W. Arrow Hwy X X

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Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of August 27, 2024
From: Chris Constantin, City Manager
Prepared by: Scott Wasserman, Director of Parks and Recreation and Joseph Jones, Recreation Manager
Subject: Consideration and Approval of a Facilities Use Agreement with Bonita Unified School District for Use of the San Dimas Recreation Center Swimming Pool and Related Facilities
____________________________________________________________________________

SUMMARY
The City has signed a new Facility Use Agreement with the Bonita Unified School District (BUSD) for use of a portion of the San Dimas Recreation Center.

RECOMMENDATION
Staff recommends that the City Council:
• Approve the Facility Use Agreement with Bonita Unified School District to utilize a portion of the Recreation Center and authorize the City Manager or his designee to execute the Agreement.

FISCAL IMPACT
The BUSD is paying $160 per hour for pool use with an estimated annual usage of 811 hours.

The estimated annual revenue associated with the BUSD’s use of the pool is $129,760. The agreement allows the exclusive use by the Bonita Unified School District (BUSD) during the approved schedule.

BACKGROUND
In July 2023, the City Manager negotiated an hourly pool rental fee of $160 per hour in an effort to help offset the actual cost of operating and maintaining the facility. The Bonita Unified School District submitted a formal Facilities Use Agreement to use the Recreation Center for the FY 2024-25 school year (Attachment 1).

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Consideration and Approval of a Facilities Use Agreement with Bonita Unified School District for Use of the San Dimas Recreation Center Swimming Pool and Related Facilities Page 2 For the Meeting of August 27, 2024
The proposed agreement is for an amount not to exceed $129,760, which reflects an estimated 811 hours of use. In accordance with the City’s contracting guidelines, the proposed Facilities Use Agreement must be approved by the City Council, as it is anticipated to generate over $100,000 in revenue.

DISCUSSION/ANALYSIS
The San Dimas Recreation Center located at 990 W. Covina Boulevard is owned and operated by the City of San Dimas. The BUSD is the main user group of the facility. San Dimas High School uses the swimming pool approximately 811 hours annually for physical education classes, water polo and swim teams. Per the new Facility Use Agreement with the City, the BUSD pays a flat rate of $160 per hour for use of the swimming pool. The contract with the BUSD is expected to generate revenue of approximately $129,760 per year ($160/per hour x 811 hours=$129,760) to help offset the actual cost of operating and maintaining the facility. The actual revenue generated will depend on actual use.

ALTERNATIVES
The City Council can decide not to approve the Facilities Use Agreement submitted by the BUSD.

Under this scenario, the City Council can provide direction to staff regarding specific concerns or desired next steps with respect to the BUSD’s use of the Recreation Center.

ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.

Respectfully submitted,
Joseph Jones
Recreation Manager
Attachments:

1. BUSD Facility Use Agreement 24 - 25

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FACILITY USE AGREEMENT

FOR SAN DIMAS RECREATION CENTER
It is the [CITY OF SAN DIMAS] (“AGENCY”)’s desire to serve the public interest of the community by supporting organized sports programs. Organizations periodically use of the San Dimas Recreation Center (SDRC) (collectively “FACILITY”) for such programs. This Facility Use Agreement (“AGREEMENT”) has been set in place to achieve that goal.

RENTER INFORMATION
ORGANIZATION: Bonita Unified School District (BUSD)
ORGANIZATION Address: 115 W Allen Ave, San Dimas, CA 91773 Contact name: Sonia Eckley Phone #: 909-971-8200 Ext. 5200 The goal and purpose of the [Bonita Unified School District] (“ORGANIZATION”) is to provide a sports program to the community. The ORGANIZATION is responsible for compliance with this AGREEMENT and is required to read, sign, and date the AGREEMENT as part of the rental.

In consideration of the mutual covenants and conditions contained herein, the parties do hereby agree as follows:

I. TERMS OF AGREEMENT
The AGENCY grants ORGANIZATION the right to use the:

Name of Facility: San Dimas Recreation Center (SDRC)
Address/area/location: 990 W. Covina Blvd. San Dimas, CA 91773 for swim team, water polo practices, meets, matches, P.E. water unit and pool parties.
(Describe use, e.g., AYSO/youth soccer, adult league /sport, etc.) for the period of time: Begin date: 8/19/2024 End date: 6/6/2025 .

Admission fee charged? Yes No
Will food be served? Yes No Will alcohol be served? Yes No Will food be sold? Yes No Will alcohol be sold? Yes No
ATTACHMENT 1

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This AGREEMENT may be terminated at any time by either party giving to the other party at least fifteen (15) days written notice of termination. The AGENCY may renew this AGREEMENT annually, provided the ORGANZATION operates the FACILITY in conformance with all regulations applicable thereto.

II. USE OF FACILITY
The ORGANIZATION shall have the non-exclusive right to use the FACILITY.

ORGANIZATION’s right to use the FACILITY will begin on the above stated date and upon submission of the following to the AGENCY:

A. Completed and signed facility use agreement.

B. Complete list of names, addresses, and telephone numbers of the current coaches, school principals or other responsible persons of the ORGANIZATION.

C. A copy of the articles of incorporation, 501(c)(3) designation from the IRS, or a nonprofit designation from the California Franchise Tax Board and/or the California Secretary of State.

D. Master calendar of events to include [practice schedule, meets/competition schedule, P.E. schedule, pool party dates, etc.]
E. One copy of the certificate(s) of insurance and all applicable endorsements.

F. Copies of current American Red Cross Lifeguard certification, First Aide, CPR & AED certifications for all coaches and responsible parties.

The above requested documents must be submitted at least two (2) weeks prior to use.

If the documents are not submitted, the AGENCY may withhold use of the FACILITY.

III. FEES

1. AGENCY may require a rental fee and/or a deposit from ORGANIZATION. The total rental fee will not exceed $129,760.00 ($160 per hour x 811 hours) by June 6, 2025. ORGANIZATION shall not use the FACILITY after that total is reached, without an amendment or written approval of this AGREEMENT.

2. Any hours incurred after reaching the 811 hours will be invoiced at the current rate of $160 per hour on a monthly basis until end of this term.

3. ORGANIZATION is responsible for any lost keys and any costs AGENCY incurs to replace and/or re-key the FACILITY.

4. In the event FACILITY is left damaged, ORGANIZATION shall be charged for any and all janitorial and/or repair fees incurred by AGENCY as a result of same, and those fees shall be billed to ORGANIZATION.

ATTACHMENT 1

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IV. RESPONSIBILITY FOR ACTIVITIES
The ORGANIZATION shall provide the necessary personnel to supervise and conduct the activities at the FACILIY as set forth in this AGREEMENT and shall furnish and supply any and all equipment and material(s), which may be necessary for such activities conducted at the FACILITY.

V. RESPONSIBILITY FOR BUSD
A. ORGANIZATION agrees to observe all rules and regulations as set forth in this AGREEMENT.

B. Modifications to Park Fields and Facilities. The removal, alteration, painting, or addition to any facility or grounds, and construction of any kind to existing structures must be approved by AGENCY. This will include any proposed changes altering design or appearance of the existing landscape of demised premises. No trees, shrubs, or ground covers shall be planted, trimmed, or removed without written consent from the AGENCY. Any requests to modify or improve park fields and facilities shall be submitted for approval to the [Parks and Recreation Department], or other designated AGENCY department, at least sixty (60) days prior to the date of any proposed changes.

C. ORGANIZATION agrees to erect no fences or advertising matter of any kind on AGENCY grounds without prior approval by the AGENCY.

D. Closure of Pools. Pools may be scheduled for closure and rehabilitation to allow for recovery due to heavy usage. The dates and times of closure to be determined by the AGENCY.

E. There will be no use of AGENCY pools when facilities are unplayable due to rain or other conditions. Any user failing to comply with a decision to postpone use is subject to invoicing for all damages occurring to the field and termination of this AGREEMENT and ability to use the FACILITY.

F. NO altering of sprinklers without authorization.

G. Any damages to the FACILITY or appurtenant AGENCY facilities caused by ORGANIZATION or its use of the FACILITY, will be the ORGANIZATION’s responsibility to replace or repair. In the event ORGANIZATION fails or refuses to replace or repair damage, AGENCY may cause such replacement and/or repair to be undertaken and ORGANIZATION agrees to reimburse AGENCY for the costs incurred to do so.

H. All locks must be standard agency locks and must not be replaced by any other lock.

ATTACHMENT 1

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I. BUSD is responsible for cleaning equipment off the pool deck and any other areas used, including daily trash produced by league or ORGANIZATION.

J. ORGANIZATION is solely responsible for supervising and controlling all individuals at the FACILITY and adjoining property during the use of the FACILIY. This includes, but is not limited to, players, participants, referees, and spectators.

AGENCY is not responsible for providing this supervision. However, AGENCY may evict individuals from the FACILITY if their conduct is not in the best interest of the public or is deemed to be detrimental in any way.

K. Any violation of this AGREEMENT by ORGANIZATION and/or any league run by ORGANIZATION using the FACILITY, shall result in ORGANIZATION or the person that committed the violation, at AGENCY’s discretion, to lose their privilege and use of the FACILITY.

VI. COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, REGULATIONS

1. ORGANIZATION shall comply with all local, state, and federal laws and regulations related to the use of the FACILITY and public gatherings.

2. ORGANIZATION agrees to abide by all applicable local, federal, and state accessibility standards and regulations.

3. ORGANIZATION agrees it is solely responsible for reviewing and ensuring compliance with all applicable public health rules, regulations, orders, and/or guidance in effect at the time of the use of the FACILITY, for example, use of appropriate sanitation practices, physical distancing, limits on the size of gatherings, etc.

4. AGENCY reserves the right to immediately revoke ORGANIZATION’s right to use of the FACILITY should ORGANIZATION fail to comply with any provision of this section.

NOTE: Specific to the COVID-19 pandemic, ORGANIZATION shall be responsible for following any and all health directives or guidance by the Los Angeles County Department of Public Health or Center for Communicable Diseases.

VI. USE OF PREMISES
The FACILITY shall be used only for those athletic events as set forth in Sections I and II above. ORGANIZATION shall not permit the FACILITY or any part thereof to be used for:

1. The conduct of any offensive, noisy, or dangerous activity.

2. The creation or maintenance of a public nuisance.

ATTACHMENT 1

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3. Anything which fails to comply with public regulations or rules of any public authority at any time, applicable to the FACILITY.

4. Any purpose or in any manner which will obstruct, interfere with, or infringe upon the rights of the residents of adjoining properties.

VII. EXCLUSIVE RIGHT
This AGREEMENT does not give the ORGANIZATION any right to the exclusive use of the FACILITY, restrooms, or any other public facility. ORGANIZATION agrees that the rights herein granted shall not be assigned to or transferable to any persons, teams, or leagues.

VIII. MAINTENANCE
a. ORGANIZATION shall be responsible for all damages or injury to property or equipment caused by the ORGANIZATION, its agents, employees, volunteers, participants and/or any other individual at the FACILITY during ORGANIZATION’s use of the FACILITY.
b. All maintenance, such as installing backstroke flags and water polo goals will be performed by ORGANIZATION.
c. ORGANIZATION is responsible for the areas used on the pool deck, being free of trash and/or debris caused by group usage upon conclusion of each day's use. d. ORGANIZATION is required to report any damage to persons or property or acts of vandalism to the AGENCY immediately.

IX. INSPECTION
a. ORGANIZATION shall inspect the FACILITY prior to each use to ensure that it is free from any defects and/or hazards that may pose a danger to participants, spectators, and/or any other person who is at the FACILITY as part of the ORGANIZATION’s use of the FACILITY. ORGANIZATION shall immediately notify AGENCY of any defect or hazard identified so that the AGENCY has sufficient time to warn of the defect or hazard and/or remediate the defect or hazard prior to ORGANIZATION’s use of the FACILITY. ORGANIZATION agrees that should it fail to conduct any such inspection and/or fail to timely notify AGENCY of any defect or hazard identified, ORGANIZATION shall be solely responsible for any damage or injury, whether to persons or property, arising from the defect or hazard.

B. AGENCY shall have the right to enter the FACILITY utilized hereunder as needed.

However, AGENCY’s exercise of the right to enter shall not create any duty on the party of the AGENCY to inspect the FACILITY for defects or hazards under Section A herein.

ATTACHMENT 1

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X. IMPROVEMENTS
The removal, alteration, or addition to any facility or grounds and construction of any kind to existing structures must be approved and performed by the AGENCY. This shall include any proposed changes that would alter the design or appearance of the existing landscape of the FACILITY. No trees, shrubs, or ground covers shall be planted, trimmed, or removed without prior written consent from the AGENCY.

Furthermore, all requests for removal, alteration, or addition to any facility or grounds, or for construction and painting of any kind to existing structures must be submitted to the AGENCY for consideration and review at least sixty (60) days prior to the date any proposed change(s) is/are needed.

Assistance by the ORGANIZATION, its agents, employees, or its participants with any such removal, alteration, addition, painting, or construction shall be solely at the discretion and with prior written consent of the AGENCY.

Nothing in this section shall be interpreted as prohibiting the normal maintenance of the facility by the ORGANIZATION as specified in this section.

XI. TITLE TO IMPROVEMENTS
All alterations and additions to the FACILITY or surrounding grounds and all construction of any kind to existing structures of the FACILITY shall become the property of the AGENCY. Nothing contained in this paragraph shall authorize the ORGANIZATION to make or place any alterations, changes, or improvements on the FACILITY without the prior written consent of the AGENCY.

XII. SIGNS
No signs shall be erected on the FACILITY described herein unless written approval is obtained from the AGENCY. Such a request for approval shall be directed to the [Director of Parks and Recreation]. No sponsor advertising sign shall be installed on buildings or grounds without the prior written consent of the AGENCY.

XIII. TERMINATION OF THIS AGREEMENT
ORGANIZATION or AGENCY may terminate this AGREEMENT by serving on the other party such written termination at least fifteen (15) days in advance of such termination at any time.

XIV. NOTICE
All notices respecting this AGREEMENT shall be served by certified mail, postage prepaid, addressed as follows:

ATTACHMENT 1

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To AGENCY: City of San Dimas Parks and Recreation
245 E. Bonita Ave. San Dimas, CA 91773
Attention: Scott Wasserman, Director, Parks and
Recreation
To ORGANIZATION: Attention: Assistant Superintendent, Business Services
Bonita USD
115 W. Allen Ave,
San Dimas, CA 91773
Notice shall be deemed to have been served forty-eight (48) hours after the same has been deposited in the United States Postal Service.

XV. ATTORNEY’S FEES
Should any litigation or other legal action be commenced between the parties hereto to interpret or enforce the provisions of this AGREEMENT, in addition to any other relief to which the party may be entitled in law or equity, the prevailing party in such litigation or legal action shall be entitled to recover costs of suit and reasonable attorney's fees.

XVI. GOVERNING LAW
This AGREEMENT will be governed by and constructed in accordance with the laws of the State of California.

XVII. ASSIGNMENT
Neither this AGREEMENT nor any duties, rights, or obligations under this AGREEMENT may be assigned by ORGANIZATION, either voluntarily or by operation of law without the express written consent of the AGENCY.

XVIII. INDEMNIFICATION
ORGANIZATION shall indemnify, defend, and hold harmless AGENCY, its board or city council, members of boards and commissions, its officers, agents, employees, and volunteers (“herein for the purposes of this provision collectively referred to as “AGENCY”) from and against any and all causes of action, claims, liabilities, obligations, judgments, losses, costs, expenses, or damages, including liability for injuries or illnesses to any person or persons or damage to property, arising out of or in any way connected with ORGANIZATION’s use of the FACILITY. ORGANIZATION’s duties hereunder include, but are not limited to, claims, allegations, or liabilities, in whatever form, arising from breach of contract, bodily injury, economic loss, death, ATTACHMENT 1

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personal injury, property damage, loss of use, or property loss. The ORGANIZATION’s obligation to indemnify, defend and hold harmless includes, but is not limited to, any liability or expense, including defense costs and legal fees, arising from the negligent acts or omissions, or willful misconduct of ORGANIZATION, its officers, employees, agents, participants, representatives, or vendors. It is further agreed, ORGANIZATION’s obligations to indemnify, defend and hold harmless will apply even in the event of concurrent active or passive negligence on the part of AGENCY except for liability resulting from the sole negligence or willful misconduct of AGENCY relating to ORGANIZATION’s use of the FACILITY under this AGREEMENT. In the event the AGENCY is made a party to any action, lawsuit, or other adversarial proceeding arising from ORGANIZATION’s use of the FACILITY encompassed by this AGREEMENT, and upon demand by AGENCY, ORGANIZATION shall have an immediate duty to defend the AGENCY at ORGANIZATION’s cost or at AGENCY’s option, to reimburse AGENCY for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters.

XIX. INSURANCE
ORGANIZATION shall maintain insurance in conformance with the requirements set forth in this section. ORGANIZATION will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, ORGANIZATION agrees to amend, supplement, or endorse the existing coverage to do so.

ORGANIZATION acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to ORGANIZATION in excess of the limits and coverage identified in this AGREEMENT and which is applicable to a given loss, claim or demand, will be equally available to AGENCY.

AGENCY reserves the right to require additional insurance coverage(s) not specified in this section, if, in the sole discretion of the AGENCY, such additional coverages are necessary to protect the AGENCY.

ORGANIZATION shall provide the following types and amounts of insurance:

General liability insurance. ORGANIZATION shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Athletic Participant’s Medical Expense. Sports associations or events with athletic participants shall provide evidence of athletic participant's medical expense coverage to respond to athletic participant's injuries. This coverage may be part of commercial general liability coverage.

ATTACHMENT 1

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Automobile liability insurance. ORGANIZATION shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the ORGANIZATION arising out of or in connection with the use of the FACILITY, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Umbrella or excess liability insurance. [Optional depending on limits required].

ORGANIZATION shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay “on behalf of” wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Workers’ compensation insurance. ORGANIZATION shall maintain workers’ compensation insurance (statutory limits) and employer’s liability insurance (with limits of at least $1,000,000). ORGANIZATION shall submit to AGENCY, along with the certificate of insurance, a waiver of subrogation endorsement in favor of AGENCY, its officers, agents, employees, and volunteers.

AGENCY reserves the right to require additional lines of insurance, such as:

1. Sexual abuse/molestation insurance. ORGANIZATION shall procure and maintain sexual abuse and molestation liability coverage in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate. This coverage may be part of commercial general liability coverage, professional liability coverage, or a separate policy.

2. Other. If ORGANIZATION contracts with a third-party service provider (e.g., caterer), ORGANIZATION will require the service provider to procure and maintain at its sole cost and expense comprehensive general liability insurance in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, and if applicable, liquor liability coverage in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, or other lines of coverage AGENCY requires. Both AGENCY and ORGANIZATION shall be endorsed as additional insureds.

ATTACHMENT 1

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Other provisions or requirements
Proof of insurance. ORGANIZATION shall provide certificates of insurance to AGENCY as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by AGENCY prior to commencement of the use of the FACILITY. Current certification of insurance shall be kept on file with AGENCY at all times during the term of this AGREEMENT.

AGENCY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Additional insured status. General liability policies shall provide or be endorsed to provide that AGENCY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

AGENCY reserves the right to apply this provision to other lines of required insurance coverage, e.g., automobile, sexual abuse and molestation, and liquor liability policies.

Duration of coverage. ORGANIZATION shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the use of the FACILITY hereunder by ORGANIZATION, its agents, representatives, employees, or volunteers.

Primary/non-contributing. Coverage provided by ORGANIZATION shall be primary and any insurance or self-insurance procured or maintained by AGENCY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.

Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of AGENCY before the AGENCY’s own insurance or selfinsurance shall be called upon to protect it as a City of San Dimas d insured.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against AGENCY, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow ORGANIZATION or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.

ORGANIZATION hereby waives its own right of recovery against AGENCY and shall require similar written express waivers and insurance clauses from each of its sub-organizations.

Notice of cancellation. ORGANIZATION agrees to oblige its insurance agent or broker and insurers to provide to AGENCY with a thirty (30) day notice of ATTACHMENT 1

Page 415 ends

cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

ORGANIZATION agrees to oblige its insurance agent or broker and insurers to provide AGENCY with a thirty (30) day notice of any change of coverage or limits.

Enforcement of contract provisions (non-estoppel). ORGANIZATION acknowledges and agrees that any actual or alleged failure on the part of the AGENCY to inform ORGANIZATION of non-compliance with any requirement imposes no additional obligations on the AGENCY nor does it waive any rights hereunder.

Agency’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, AGENCY has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by AGENCY will be promptly reimbursed by ORGANIZATION. In the alternative, AGENCY may cancel this AGREEMENT.

Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the ORGANIZATION maintains higher limits than the minimums shown above, the AGENCY requires and shall be entitled to coverage for the higher limits maintained by the ORGANIZATION. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the AGENCY.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that ORGANIZATION’s/sub-organization’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

ATTACHMENT 1

Page 416 ends

Pass through clause. ORGANIZATION agrees to ensure that its suborganizations, vendors, consultants, subcontractors, and any other third party involved with the ORGANIZATION’s use of the FACILITY who is brought onto or involved in the FACILITY by ORGANIZATION, provide the same minimum insurance coverage and endorsements required of ORGANIZATION pursuant to this AGREEMENT. ORGANIZATION agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. ORGANIZATION agrees that upon request, all agreements with sub-organizations, vendors, consultants, subcontractors, any other third party, and others engaged in the use of the FACILITY will be submitted to AGENCY for review and approval.

Agency’s right to revise specifications. AGENCY reserves the right at any time during the term of the AGREEMENT to change the amounts and types of insurance required by giving the ORGANIZATION at least thirty (30) days advance written notice of such change. However, AGENCY reserves the right to give less than thirty (30) days notice if AGENCY first becomes aware of an issue and needs to change the amounts and types of insurance within thirty (30) days of the begin date.

Self-insured retentions. Any self-insured retentions must be declared to and approved by AGENCY. AGENCY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by AGENCY.

Timely notice of claims. ORGANIZATION shall give AGENCY prompt and timely notice of claims made or suits instituted that arise out of or result from ORGANIZATION’s use of the FACILITY under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. ORGANIZATION shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection arising from its use of the FACILITY.

XX. MISCELLANEOUS

1. ORGANIZATION shall not admit a larger number of individuals than can lawfully, safely, and freely move about the FACILITY.

2. Gambling of any kind is not permitted at the FACILITY.

3. Smoking is not permitted at the FACILITY.

4. For indoor facilities, no animals are permitted at the FACILITY, except for service animals, as defined under the Americans with Disabilities Act, which are individually trained to do work or perform tasks for people with disabilities.

ATTACHMENT 1

Page 417 ends

5. If ORGANIZATION violates any part of this AGREEMENT or reports false information to AGENCY, AGENCY may refuse ORGANIZATION further use of the FACILITY, and ORGANIZATION shall forfeit a portion, or all, of the rental fee and/or the deposit.

6. AGENCY may impose additional requirements as deemed necessary to protect the health, safety, and/or welfare of the community.

7. Any person aggrieved by AGENCY’s decision with respect to this AGREEMENT may appeal to AGENCY in writing no later than five (5) days after AGENCY’s decision has been communicated to the aggrieved party.

8. If any provision of this AGREEMENT is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

XXI. INDEPENDENT CONTRACTOR
Volunteer administrators, volunteer coaches, parents, contractors, employees, and/or officers and directors of the ORGANIZATION shall not be deemed to be employees or agents of the AGENCY as a result of the performance of this AGREEMENT.

XXII. ENTIRE AGREEMENT OF THE PARTIES
This AGREEMENT supersedes any and all agreements, either oral or written, between the parties hereto with respect to the use of the FACILITY by ORGANIZATION and contains all of the covenants and conditions between the parties with respect to the use of the FACILITY. Each party to this AGREEMENT acknowledges that no representations, inducements, promises, or agreement, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this AGREEMENT has been made by the parties. Modification of this AGREEMENT can only be made in writing, signed by both parties to this AGREEMENT.

IMPORTANT
The information provided in this AGREEMENT is true and correct. I have read and understand this AGREEMENT and agree to all the aforementioned rules, regulations, and conditions of use. When signing on behalf of ORGANIZATION, I confirm I am an authorized agent of the ORGANIZATION submitting this AGREEMENT and am authorized to sign this AGREEMENT on its behalf. (SIGNATURES ON THE NEXT PAGE)
ATTACHMENT 1

Page 418 ends

ORGANIZATION:
(Bonita Unified School District)
By: _________________________ ________________
Signature Date
Sonia Eckley Assistant Superintendent, Business Services Print Title

AGENCY:
[City of San Dimas] A Municipal Corporation
By: __________________________ _________________
Signature Date
_Chris Constantin___________ _City Manager_____
Print Title
ATTEST:
___________________
Debra Black, City Clerk
APPROVED AS TO FORM:

Jeff Malawy, City Attorney
ATTACHMENT 1

Page 419 ends

AGENCY INTERNAL USE ONLY
Rental fee $ 160 PER HOUR not to exceed $129,760.00
Hours of Usage: _______________ As of (Date): ______________ Total paid $ _ Date: ___________________
Deposit Collected: $0 Deposit returned $ 0
Amendments to AGREEMENT: Yes / No
If yes, attach written and signed amendments to original agreement.

Additional insurance required:

Sexual abuse/molestation Yes / No Limits $

ATTACHMENT 1

Page 420 ends

PO Box 2411, Tustin, CA 92781
T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com
CA License #2607296
July 23, 2024
TO: City of San Dimas
ATTENTION: Brad McKinney
RE: Claim : Iniguez vs. San Dimas
Claimant : Karla Iniguez
Member : City of San Dimas
Date Rec’d by Mbr : 5/16/24
Date of Event : 12/24/23
CW File Number : CJP-3051581 LMV
Please allow this correspondence to acknowledge receipt of the captioned claim. Please take the following action:
• CLAIM REJECTION: Send a standard rejection letter to the claimant.

Please include a Proof of Mailing with your rejection notice to the claimant. An exemplar copy of a Proof of Mailing is attached. Please provide us with a copy of the Notice of Rejection and copy of the Proof of Mailing. If you have any questions feel free to contact the assigned adjuster or the undersigned claims specialist.

Very Truly Yours,
CARL WARREN & CO.

Timothy M. Varon
Timothy M. Varon
Claims Supervisor

Page 421 ends

ay 16, 2024

Page 422 ends

Page 423 ends

Page 424 ends

ESTIMATE
Services qty unit price amount
Drain Replacement Inspection 1.0 $ 13,588.00 $ 13,588.00 Customer had a major concern about their main drain because their 1st floor recently flooded with sewage and they had to remodel and replace all the floors.

During sewer inspection we discovered that there is a 10' section of pipe with a major back grade due to roots. To fix this problem permanently we will have to excavate entire back graded pipe and reinstall at the proper grade. This process will require Cutting concrete, excavator, hand digging and shoring to make pipe accessible and safe work environment due to depth. Once pipe is replaced and graded correctly hole will be backfilled with proper compaction.

Cars will not be allowed in driveway during project
Job is estimated to take to be excavated, repaired and backfilled first day Second day concrete will be poured depending on concrete schedule.

Included in estimate
Labor
Materials
Pouring concrete back in section that is broken out
Excluded from estimate
Additional work that arises that is not mention above
Permits
traffic control ( we shouldn’ t need it)
Services subtotal: $ 13,588.00
Top Notch Plumbing
Karla Iniguez CONTACT US
4903 N Vecino Dr
Covina, CA 91722
626) 664-5519
tnplumbing16@gmail. com
Service completed by: Jaime Mejia
ESTIMATE # 3304
ESTIMATE DATE May 16, 2024
SERVICE DATE May 3, 2024
TOTAL $ 13,588.00
Top Notch Plumbing 1018137 http:// mytopnotchplumber. com 1 of 2

Page 425 ends

Total $ 13,588.00
Top Notch Plumbing Inc offers quality work at a fair price meeting the needs of all of our customers. We know you have many different plumbing companies to choose from and we thank you for choosing Top Notch Plumbing Inc. If for any reason you are not satisfied with your plumbing experience please reach out via text, phone or email so we can make it right. All payments are due upon job completion, if you have any questions regarding this matter, please give us a call. If for any reason you need to CANCEL your upcoming Job or Estimate, please cancel within a 24hr notice other wise a 95 Cancellation Fee will be charged, you may reach us on the business line 626- 664- 5519 to do so.

Have a great day and as always thank you for choosing Top Notch Plumbing Inc! Top Notch Plumbing 1018137 http:// mytopnotchplumber. com 2 of 2

Page 426 ends

Thank you for your business and have a great day!
SERVPRO of Glendora-San Dimas-Irwindale-Baldwin Park-Pasadena South-San Marino
433 Fleetwood Pl
Glendora, CA 91740
626-852-9922
www.servproglendorasandimas.com
Invoice 194694

BILL TO SHIP TO
Enrique Iniguez Enrique Iniguez
DATE
02/05/2024

PLEASE PAY
3,890.98

DUE DATE
03/01/2024

DATE DESCRIPTION QTY RATE AMOUNT
01/24/2024 Water Remediation: Pack
Out
1 2,789.25 2,789.25
01/24/2024 Water Remediation: Pack
In
1 1,101.73 1,101.73
TOTAL DUE $ 3,890.98

OVERDUE
THANK YOU.

Page 427 ends

1 of 4
Phone : 1-888-324-1144 E-Mail : info@rl- remodeling. com 20812 Ventura Blvd # 210 Woodland Hills CA 91364 Lic. 885032 Prepared for: Mr. and Mrs. Ingiuez,
Phone Number: (
Property Address:

Prepared by: Ben Brenner.

Proposal number: 926 V.0
RL Remodeling inc.
20812 Ventura Blvd Woodland Hills. CA 91364 # 210
1-888- 324-1144 LIc. 885032

Page 428 ends

2 of 4
Phone : 1-888-324-1144 E-Mail : info@rl- remodeling. com 20812 Ventura Blvd # 210 Woodland Hills CA 91364 Lic. 885032 Project Manager:

For project duration
On site walkthroughs
Sanitary and Cleaning:

Job site cleanup during construction
Full clean up post construction
Demo:

Cover and mask working area as needed.

Demo vanity.

Demo medicine cabinet.

Demo master bedroom floor
Haul away materials.

Vanity:
install semi custom cabinet from.
install prefab quartz slab from.
install (1) sink and faucet.

Install handles \ knobs for new vanity.

Flooring:

Prepare bathroom for floor tile installation.

Install install tile (provided by customer).

Apply grout.

Apply sealer.

Install baseboards.

Page 429 ends

3 of 4
Phone : 1-888-324-1144 E-Mail : info@rl- remodeling. com 20812 Ventura Blvd # 210 Woodland Hills CA 91364 Lic. 885032 Vinyl floor:

Prepare master bedroom for floor installation.

Install vinyl floor (provided by customer).

Install baseboards.

Plumbing:

Install (1) sink.

Install (1) faucet .

Interior Paint:

Prepare master bedroom and bathroom area for interior paint.

Cover all working areas as needed.

Patch drywallas needed.

Apply primer as needed.

Apply (2) coats of paint.

Page 430 ends

4 of 4
Phone : 1-888-324-1144 E-Mail : info@rl- remodeling. com 20812 Ventura Blvd # 210 Woodland Hills CA 91364 Lic. 885032 Price not included : tile, stone ,flooring , plumbing fixtures, cabinet and permit fee.

Price and Payments:

The project cost will be applied to the overall project cost.

Subtotal $25,000
TAX ( 0.00%) $ 0.00
Total price $25,000
Deposit 1 $ 1,000 $ 500
Upon initial drawings $ 2,500
Upon completion 1 $ 1,000 $ 2,000
Final Price $ 5,000
Home Owner : ____________________ Signature X ________________________ Date : _____________________ Home Owner : ____________________ Signature X ________________________ Date : _____________________ Representative: ____________________ Signature X ________________________ Date : _____________________

Page 431 ends

JA FLOOR COVERINGS INC., IS NOT RESPONSIBLE FOR DAMAGE TO BASEBOARDS, MOLDINGS OR PAINT IN THE PROCESS OF INSTALLING OR REMOVINGS FLOORS INCLUDING BUT NOT LIMITED TO SPC, LAMINATE, TILE, ETC.

ONE YEAR LABOR GUARANTEE- NO WARRANTY ON NATURAL STONE- 20% RESTOCKING FEE

Page 1 of 3 ends

JA FLOOR COVERINGS INC
5630 Holt Blvd
Montclair, CA 91763 US
jafloorcoveringsinc@gmail. com
www.jafloorcoverings. com
Estimate

ADDRESS

ENRIQUE & KARLA INIGUEZ
ESTIMATE 1022
DATE 03/28/2024

DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
Installation and Materials Living room:

Snap Laminate- simulated wood
flooring
378 7.46 2,819.88
O&P 1 563.98 563.98
Installation and Materials Living room:

Baseboard- 5 1/4 MDF- w/profile per
linear feet
55 5.68 312.40
O&P 1 62.00 62.00
Installation and Materials Living room:

Paint Baseboard - two coats per linear
feet
55 2.03 111. 65
O&P 1 22.33 22.33
Installation and Materials Danning room:

Snap Laminate- simulated wood
flooring
271.25 7.46 2,023.53
O&P 1 404.741 404.74
Installation and Materials Dinning room:

Baseboard- 5 1/4 MDF- w/profile per
linear feet
17 5.68 96.56
O&P 1 19.00 19.00
Installation and Materials Danning room:

Paint Baseboard - two coats per linear
feet
17 2.03 34.51
O&P 1 6.90 6.90
Installation and Materials Up stairs hall :

Snap Laminate- simulated wood
flooring
84 7.46 626.64
O&P 1 125.30 125.30

Page 432 ends

JA FLOOR COVERINGS INC., IS NOT RESPONSIBLE FOR DAMAGE TO BASEBOARDS, MOLDINGS OR PAINT IN THE PROCESS OF INSTALLING OR REMOVINGS FLOORS INCLUDING BUT NOT LIMITED TO SPC, LAMINATE, TILE, ETC.

ONE YEAR LABOR GUARANTEE- NO WARRANTY ON NATURAL STONE- 20% RESTOCKING FEE

Page 2 of 3 ends

Installation and Materials Up stairs hall:

Baseboard- 5 1/4 MDF- w/profile per
linear feet
25 5.65 141.25
O&P 1 28.25 28.25
Installation and Materials Up stairs hall:

Paint Baseboard - two coats per linear
feet
25 2.03 50.75
O&P 1 10.15 10.15
Installation and Materials Coat closet:

Snap Laminate- simulated wood
flooring

7.50 7.46 55.95
O&P 1 11.19 11.19
Installation and Materials Bedroom # 1 :

Snap Laminate- simulated wood
flooring
172 7.46 1,283.12
O&P 1 256.62 256.62
Installation and Materials Bedroom # 1:

Baseboard- 5 1/4 MDF- w/profile per
linear feet
55 5.65 310.75
O&P 1 62.15 62.15
Installation and Materials Bedroom # 1:

Paint Baseboard - two coats per linear
feet
55 2.03 111. 65
O&P 1 22.33 22.33
Installation and Materials Bedroom # 2:

Snap Laminate- simulated wood
flooring
172 7.46 1,283.12
O&P 1 256.62 256.62
Installation and Materials Bedroom # 2:

Baseboard- 5 1/4 MDF- w/profile per
linear feet
55 5.65 310.75
O&P 1 62.15 62.15
Installation and Materials Bedroom # 2:

Paint Baseboard - two coats per linear
feet
55 2.03 111. 65
O&P 1 22.33 22.33
Installation and Materials Closet :

Snap Laminate- simulated wood
flooring
8 7.46 59.68
O&P 1 11.94 11.94
Installation and Materials Bedroom # 3:

Snap Laminate- simulated wood
flooring
215 7.46 1,603.90
O&P 1 320.78 320.78
Installation and Materials Bedroom # 3:

Baseboard- 5 1/4 MDF- w/profile per
72 5.65 406.80

Page 433 ends

JA FLOOR COVERINGS INC., IS NOT RESPONSIBLE FOR DAMAGE TO BASEBOARDS, MOLDINGS OR PAINT IN THE PROCESS OF INSTALLING OR REMOVINGS FLOORS INCLUDING BUT NOT LIMITED TO SPC, LAMINATE, TILE, ETC.

ONE YEAR LABOR GUARANTEE- NO WARRANTY ON NATURAL STONE- 20% RESTOCKING FEE

Page 3 of 3 ends

linear feet
O&P 1 81.30 81.30
Installation and Materials Bedroom # 3:

Paint Baseboard - two coats per linear
feet
72 2.03 146.16
O&P 1 29.23 29.23
Installation and Materials Closet :

Snap Laminate- simulated wood
flooring
30 7.46 223.80
O&P 1 44.76 44.76
Installation and Materials R & R Closet door 1 85.00 85.00 O&P 1 17.00 17.00
Installation and Materials Moldings:

Snap Laminate- simulated wood
flooring
48 15.00 720.00
O&P 1 114.00 114.00
Installation and Materials End caps:

Snap Laminate- simulated wood
flooring
24 15.00 360.00
O&P 1 72.00 72.00
Installation and Materials Stair nosing:

Snap Laminate- simulated wood
flooring
56 10.16 568.96
O&P 1 113.79 113.79
Labor Additional Labor:

Laminate Stairs
1 1,500.00 1,500.00
O&P 1 300.00 300.00
SUBTOTAL 18,399.30
TAX 772. 70
TOTAL $ 19,172.00
Accepted By
Accepted Date

Page 434 ends

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of August 27, 2024
From: Chris Constantin, City Manager
Prepared by: Luis Torrico, Director of Community Development Subject: Introduce Ordinance 1310, Approving Municipal Code Text Amendment 24-06 to Amend Chapter 8.40 Camping and Storage on Private and Public Property to be Aligned with Recent Court Decisions and Consistent with the Governor’s Executive Order N-1-24, Along with Associated Clean Up Items, and Determination of Exemption from CEQA under CEQA Guidelines 15061(b)(3). ____________________________________________________________________________

SUMMARY
On January 23, 2024, the City Council adopted Ordinance 1302 approving Municipal Code Text Amendment 23-0002 to create provisions to regulate unlawful camping and unlawful storage of personal property on private and public property. At the time of adoption, the ordinance aligned with recent court decisions that prevented the criminalization of homelessness, and recognized the right to occupy public spaces when no shelter is available.

On June 28, 2024, the Supreme Court ruled that cities can prohibit people from sleeping in all public spaces regardless of if shelter is available or not. In addition, on July 25, 2024, Governor Newsome signed Executive Order N-1-24, which provides guidance for cities when addressing homeless encampments. In order to continue to be aligned with recent court decisions and be consistent with the guidelines set forth by Executive Order N-1-24, the ordinance should be amended.

RECOMMENDATION
City staff recommends that the City Council:

1. Read by title and introduce Ordinance 1310 (Attachment 1) approving Municipal Code Text Amendment 24-06 to amend Chapter 8.40 Camping and Storage on Private and Public Property to be aligned with recent court decisions and consistent with the Governor’s Executive Order N-1-24, along with associated clean up items, and determine the Ordinance is exempt from CEQA under CEQA Guidelines 15061(b)(3).

Page 435 ends

Introduction of Ordinance 1310 Approving MCTA 24-06 Page 2 For the Meeting of August 27, 2024

FISCAL IMPACT
There are no fiscal impacts directly associated with this action; however, the City has already incurred costs prior to and after adopting Ordinance 1302 earlier this year. The amendments will strengthen the applicability of the ordinance, which will assist both the individual engaging in camping activities, and City staff. With these regulations in place, the goal is that it will lead to fewer situations in which the City needs to collect and store personal property. Additionally, the City maintains and incurs costs associated with the Los Angeles Centers for Alcohol and Drug Abuse (LACADA) which provides an array of services with dedicated beds to the City of San Dimas.

BACKGROUND
Ordinance 1302, which approved Municipal Code Text Amendment 23-0002 to create provisions to regulate unlawful camping and unlawful storage of personal property on private and public property, was introduced on January 9, 2024, and subsequently adopted on January 23, 2024, by the City Council. Adoption of the ordinance provided the City with tools to mitigate impacts associated with unlawful camping and unlawful storage of personal property. Since then, the City has continued to collaborate with the Los Angeles Center for Drug and Alcohol (LACADA) to provide comprehensive services including street outreach, housing navigation, mental health support, case management, and facilitating access to healthcare and housing for individuals experiencing homelessness or at risk of homelessness.

The ordinance was drafted to be in compliance with recent court decisions that prevented the criminalization of homelessness, recognizing the right to occupy public spaces when no shelter is available. Thus, as part of the collaboration with LACADA, the City has dedicated four (4) beds within the city for residential treatment and emergency transitional housing. This allows the ordinance to be fully implemented, but also empathizes the City’s commitment to provide support and solutions.

On June 28, 2024, the Supreme Court ruled that cities can prohibit people from sleeping in all public spaces regardless of if shelter is available or not. In addition, on July 25, 2024, Governor Newsome signed Executive Order N-1-24, which provides guidance for cities when addressing homeless encampments. In order to continue to be aligned with recent court decisions, be consistent with the guidelines set forth by Executive Order N-1-24, and to ensure we have the proper tools to address issues stemming from the Executive Order, the ordinance should be amended.

DISCUSSION/ANALYSIS
The proposed amendments will align the City’s ordinance with recent court rulings and would also incorporate guidance from the Governor’s Executive Order N-1-24. Changes to the ordinance will be as follows:

Grants Pass June 28, 2024, Court Ruling
Per the ruling issued on June 28, 2024, enforcement of laws regulating camping on public property does not constitute cruel and unusual punishment prohibited by the Eight Amendment of the Constitution. The City’s current ordinance prohibits camping on any public property in the city, with a few exceptions such as city-designated campsites, county-owned property where camping

Page 436 ends

Introduction of Ordinance 1310 Approving MCTA 24-06 Page 3 For the Meeting of August 27, 2024
is allowed by the property owner, and on property owned by the Los Angeles County Metropolitan Transportation Authority or the Metro Gold Line Foothill Extension Construction Authority where camping is allowed by the property owner. However, when shelter is not available, the current ordinance limits camping restrictions to Prohibited Public Places, including, but not limited to, any portion of Bonita Avenue or Arrow Highway, any public property located within 1,000 feet of Bonita Avenue or Arrow Highway, all city-owned or leased building and facilities, and city parks.

The proposed amendments will remove Prohibited Public Places from the ordinance as the restrictions against camping in public places can now be enforced at all times, even when individuals have no access to shelters. In addition, the section of the ordinance that relates to shelter availability will be removed as this is no longer a requirement. While the provision of shelter is no longer required to enforce the camping restrictions, the City will continue to provide assistance through the partnership with LACADA, which includes providing access to the dedicated four (4) beds within the city for residential treatment and emergency transitional housing.

Executive Order N-1-24
Governor Newsome’s Executive Order N-1-24 contains guidelines for cities when clearing encampments. While these guidelines are not legally binding, Staff believes incorporating them into the City’s ordinance would be beneficial when dealing with encampments. Our current ordinance requires a 24-hour notice before clearing an encampment; however, the Executive Order states agencies should provide 48-hour notice. In addition, our current ordinance requires that the City store collected property for 90 days; however, the Executive Order states that agencies must collect, label, and store personal property that is removed for at least 60 days. The proposed amendments will align the City’s ordinance with the recommendations in the Executive Order. Providing the 48-hour notice prior to clearing an encampment will provide individuals additional time to remove their camping paraphernalia and may not require the City to clear and collect the property, and reducing the number of days that removed camping paraphernalia must be kept by the City will prevent storage capacity issues that could arise from multiple encampments being cleared.

The proposed amendments would bring the City’s camping ordinance in compliance with recent court rulings and be aligned with best practices recommended by the Governor’s Executive Order.

While the provision of shelter is no longer required to enforce the camping ordinance, the City will continue to provide supportive services and four (4) beds within the city for residential treatment and emergency transitional housing through the partnership with LACADA. This will allow the City to continue to balance the public health and safety, with the rights of individuals experiencing homelessness.

ALTERNATIVES
There are no alternatives proposed as part of this request; however, the City Council may propose revisions to the proposed Ordinance or not consider the Ordinance in its entirety.

Page 437 ends

Introduction of Ordinance 1310 Approving MCTA 24-06 Page 4 For the Meeting of August 27, 2024
Respectfully submitted,
Luis Torrico
Director of Community Development
Attachments:

1. Ordinance 1310

2. January 9, 2024, City Council Staff Report & Ordinance 1302

Page 438 ends

ATTACHMENT 1
ORDINANCE 1310

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, CALIFORNIA, AMENDING CHAPTER 8.40

CAMPING AND STORAGE ON PRIVATE AND PUBLIC PROPERTY TO BE

ALIGNED WITH RECENT COURT DECISIONS AND CONSISTENT WITH THE GOVERNOR’S EXECUTIVE ORDER N-1-24, ALONG WITH ASSOCIATED CLEAN UP ITEMS.

RECITALS
WHEREAS, pursuant to the police power granted in Article XI, Section 7 of the California Constitution, the City may enact and enforce ordinances that protect the health, safety, and welfare of the community; and
WHEREAS, there is a need to protect the public health, safety and welfare against adverse impacts caused by unlawful camping and storage of personal property on private and public property.

These activities can lead to serious health, safety, and accessibility concerns, contribute to conditions of blight, and deteriorate private and public property and City facilities; and WHEREAS, the City recognizes the need to have standards applicable to all using public and private space and for such standards to apply in a manner which balances access with the desire for a clean, orderly, welcoming, and comfortable community where the public peace, health, and safety tend to be preserved; and
WHEREAS, the City considers the needs and abilities of residents in programs, services, and regulations to ensure fair and balanced application and such application does not interfere with the rights of others to use public and private facilities for the purposes for which they were intended, and creates a hazard to the public health and safety through the creation of unsanitary and unsafe conditions; and
WHEREAS, on January 23, 2024, the City Council adopted Ordinance 1302 to create standards to regulate camping and storage of personal of personal property on private and public property, which considered the needs for those without means or alternatives and accounts for the programs and services the City and its partners offer to facilitate an overall healthy and safe environment for all; and
WHEREAS, on June 28, 2024, the Supreme Court ruled that enforcement of laws regulating camping on public property does not constitute cruel and unusual punishment prohibited by the Eight Amendment of the Constitution and cities can prohibit people from sleeping in all public spaces regardless of if shelter is available or not; and
WHEREAS, on July 25, 2024, Governor Newsome signed Executive Order N-1-24, which provides guidance for cities when addressing homeless encampments; and WHEREAS, the City seeks to adopt changes to Chapter 8.40 of the San Dimas Municipal Code to be aligned with recent court decisions and consistent with the Governor’s Executive Order N-1-24.

Page 439 ends

Ordinance 1310
Amending Chapter 8.40 Camping and Storage on Private and Public Property 2August 27, 2024
NOW, THEREFORE, the CITY COUNCIL of the CITY OF SAN DIMAS, California, does ordain as follows:

Title 8 of the San Dimas Code Shall be amended as provided for in Exhibit A.

SECTION 1. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdication, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.

SECTION 2. CEQA DETERMINATION. The City Council hereby finds and determines that is can be seen with certainty that there is no possibility that this ordinance may have a significant adverse effect on the environment. Thus, the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

SECTION 3. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take effect 30 days after its final passage. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within 15 days after passage and adoption as may be required by law in a newspaper of general circulation in the City of San Dimas hereby designated for that purpose; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within 15 days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Dimas this 27th day of August, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Emmett G. Badar, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Debra Black, City Clerk Jeff Malawy, City Attorney

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Ordinance 1310
Amending Chapter 8.40 Camping and Storage on Private and Public Property 3August 27, 2024
I, DEBRA BLACK, CITY CLERK of the City of San Dimas, do hereby certify that Ordinance 1310 was introduced at a regular meeting of the City Council of the City of San Dimas on the 27th, day of August, 2024, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 10th, day of September, 2024.
___________________________
Debra Black, City Clerk

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Ordinance 1310
Amending Chapter 8.40 Camping and Storage on Private and Public Property 4August 27, 2024
Exhibit A
New text is in blue underlined
Deleted text is in red and strikethrough
CHAPTER 8.40

CAMPING AND STORAGE OF PERSONAL PROPERTY ON PRIVATE AND PUBLIC

PROPERTY
§ 8.40.010. Purpose.

The purpose of this chapter is to protect the public health, safety and welfare against adverse impacts caused by unlawful camping, unlawful storage of personal property, unlawful fires, littering, and loitering on private and public property. These activities can lead to serious health, safety, and accessibility concerns, contribute to conditions of blight, and deteriorate private and public property and city facilities. This chapter is meant to create standards to ensure that private property, public streets and public areas within the city are used for their intended purposes and are readily accessible and available to city residents and the general public. (Ord. 1302, 1/23/2024)
§ 8.40.020. Definitions.

The following definitions shall apply in this chapter:
"Available shelter" means an indoor sleeping space or a space at a permitted camping location where the person in question (1) would be lawfully permitted to sleep overnight, (2) has the means to relocate to the shelter, and (3) would not face any barriers to entering the shelter, including, but not limited to, required fees that the person cannot pay or required participation in religious programming to which the person objects.
"Camp" or "camping" means residing in or using any property for living accommodation purposes, such as sleeping or making preparations to sleep (including laying down bedding for the purpose of sleeping), setting up or occupying camp facilities, storing personal property, making any fire, regularly cooking meals, or setting up or using any camp paraphernalia. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person is using the property as a living accommodation with the intent to camp. "Camp facilities" include, but are not limited to, tents, huts, or similar temporary shelters consisting of any material with a top or roof or any other upper covering or that is otherwise enclosed by sides that are of sufficient size for a person to fit underneath or inside while sitting or lying down, including the use of a tarp or other material tied or affixed to a structure or bush to create an enclosed area.
"Camp paraphernalia" means, but is not limited to, tarps, cots, beds, sleeping bags, other bedding, hammocks, or non-city-designated cooking facilities or heating equipment and similar equipment.
"County" means Los Angeles County.
"Enforcement officer" means a law enforcement officer, a city code enforcement officer, or any other person authorized by the city to enforce this code. "Flood zones" means flood areas as determined by the current Flood Insurance Rate Map (FIRM) published by the Federal Emergency Management Agency (FEMA). "Personal property" means any tangible property and includes, but is not limited to, goods,

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Ordinance 1310
Amending Chapter 8.40 Camping and Storage on Private and Public Property 5August 27, 2024
materials, merchandise, tents, tarps, bedding, blankets, sleeping bags, and personal items such as household items, luggage, backpacks, clothing, food, documents, and medication. "Prohibited public place" means any of following locations:

1. Any portion of Bonita Avenue or Arrow Highway, and any public property located within 1,000 feet of Bonita Avenue or Arrow Highway;

2. All city-owned or leased buildings and facilities, or those owned or leased by the San Dimas Housing Authority, as well as the entire parcel or parcels on which they are located, including but not limited to:
a. San Dimas Civic Center;
b. San Dimas City Hall;
c. San Dimas Stanley Plummer Community Building;
d. San Dimas Senior Citizen/Community Center;
e. San Dimas Recreation Center;
f. San Dimas City Yard;
g. Martin House;
h. Walker House; and
i. Charter Oak Estates Mobile Home Park;

3. City parks and all structures located therein;

4. All county-owned property within the city, including, but not limited to, the Los Angeles County Public Library and county parks, unless camping is authorized on the property by the county;

5. All property owned by the Los Angeles County Metropolitan Transportation Authority or the Metro Gold Line Foothill Extension Construction Authority, unless camping is authorized on the property by the property owner.

6. On, under, or within five hundred feet of bridges and highway underpasses, with the exception of property that is part of a state highway;

7. Very high fire severity zones; and

8. Flood zones.
"Public property" means any city-owned property, county-owned property, all public right-of- way, property owned by the Los Angeles County Metropolitan Transportation Authority or the Metro Gold Line Foothill Extension Construction Authority, and any other publicly owned, operated, or maintained property in the city, with the exception of state highways. “Public Right-of-Way” means all City-owned or controlled rights-of-way, whether in fee title or as holder of an easement for ingress, egress, public access, maintenance, infrastructure, or utilities purposes. Public rights-of-way include but are not limited to any public road, street, sidewalk, and planter strip/parking strip or landscaped area, located adjacent to a street, that is within a public easement.

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Ordinance 1310
Amending Chapter 8.40 Camping and Storage on Private and Public Property 6August 27, 2024
"Sidewalk" means that portion of a street between the curb line and the adjacent property line, whether hard-surfaced or not, or an easement or right-of-way held by the city across the front of private property, and intended for use of pedestrians.
"Street" means and includes all streets, highways, avenues, boulevards, alleys, courts, places,
squares or other public ways in the city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the state. "Store" means, in light of all of the circumstances, to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location. "Store" does not include keeping one's personal property next to one's person while lawfully camping, or while lawfully sitting or standing in a public place.
"Very high fire severity zone" means a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or a very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Public Resources Code Section 4202. ( Ord. 1302, 1/23/2024 )
§ 8.40.030. Locations where camping is prohibited.

A. It is unlawful to camp on any public property in the city, with the following exceptions:

1. City-designated campsites; or

2. With respect to county-owned property, any property on which the county allows camping; or

3. With respect to property owned by the Los Angeles County Metropolitan Transportation Authority or the Metro Gold Line Foothill Extension Construction Authority, any property on which the property owner allows camping.

B. It is unlawful to camp on any private property with the following exceptions:

1. Camping within campgrounds licensed for camping activities;

2. Temporary backyard camping on residential properties with the property owner's permission and where such use does not violate any provision of this code or state law, does not create or permit a public nuisance, and where such use is not within view of the public right-of-way;

3. Camping at the Girl Scouts of Greater Los Angeles Center, located at 146 W. Arrow Highway, with the property owner's permission.
(Ord. 1302, 1/23/2024)
§ 8.40.040. Applicability to persons without available shelter.

A. Section 8.40.030(A) does not apply to a person that has no available shelter. In determining whether a person has available shelter, the enforcement officer shall consider the following:

1. The distance between the potential shelter and the location of the person;

2. The opening, closing, and check-in times at the shelter, if any;

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Ordinance 1310
Amending Chapter 8.40 Camping and Storage on Private and Public Property 7August 27, 2024

3. Limitations on the amount of consecutive nights a person can stay at the shelter, or other similar requirements; and

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4. Any other circumstance of the person, or any policy or requirement of the shelter, known by the enforcement officer, that would make the shelter practically unavailable to the person, even if the shelter would be practically available to someone else.

B. Notwithstanding subsection A, a person with no available shelter is subject to the following restrictions on camping:

1. A person with no available shelter shall not camp in or on a prohibited public place, or in a transit facility, as prohibited by Section 12.18.040 of this code.

2. A person with no available shelter shall not erect, configure, or construct any camp facilities between 7:00 a.m. and sunset (except during rainfall).

3. A person with no available shelter must take down, fold, and completely remove or put away all camp facilities between 7:00 a.m. and sunset (except during rainfall).

4. A person with no available shelter shall not camp in or otherwise occupy any public property that is closed to the public at any time.
(Ord. 1302, 1/23/2024)
§ 8.40.050. Prohibition citywide against living in motor vehicles.

A. It shall be unlawful for any person to sleep overnight in, bathe in, cook in, or otherwise use as a place of residence or habitation any parked trailer, camper shell, motor home, or any other vehicle as defined by Vehicle Code Section 670 anywhere in the city.

B. This section does not apply to vehicles that are lawfully parked in an authorized trailer court, a City-designated campsite within the city, nor on private property when owner's permission is provided and when done so in accordance with to law and regulation.

C. Subsection A does not apply to a person that has no available shelter. In determining whether a person has available shelter, the enforcing employee shall consider the factors listed in Section 8.40.040(A).

D. Notwithstanding subsection C, a person with no available shelter shall not sleep overnight in, bathe in, cook in, or otherwise use as a place of residence or habitation any parked trailer, camper shell, motor home, or any other vehicle as defined by Vehicle Code Section 670 in any prohibited public place.
(Ord. 1302, 1/23/2024)
§ 8.40.060. Prohibition against obstructing public property or doorways.

A. No person in the city shall obstruct the public right-of-way, including, but not limited to, streets and sidewalks, or pedestrian and/or vehicle access by sitting, lying, sleeping, storing, using, maintaining, or placing personal property:

1. In a manner that impedes passage required by the Americans with Disabilities Act of 1990, as amended from time to time;

2. Within fifteen feet of any operational or utilizable driveway, or loading dock;

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3. Within fifteen feet of any operational or utilizable building entrance or exit; or

4. Wwithin fifteen feet of any fire hydrant, fire plug, or other fire department connection.; or

5. On or in any prohibited public place.

B. Any person creating an obstruction in violation of this section shall move their person or property immediately in a way that removes the obstruction upon the request of an enforcement officer.

C. Any unattended item of personal property that is creating an obstruction in violation of this section may be immediately moved by an enforcement officer to an adjacent nearby location where it will no longer create an obstruction.
(Ord. 1302, 1/23/2024)
§ 8.40.070. Unlawful storage of personal property.

A. It shall be unlawful for any person to store personal property on any public property. Nothing herein shall be construed to allow storage where otherwise prohibited by this code.

B. An enforcement officer may remove personal property stored in violation of subsection A as follows:

1. The location of any illegally stored personal property shall be posted with a written notice including the date and the following: "It is illegal to store personal property on public property, such as parks and sidewalks. If this personal property is not removed within 24 hours of the date of this posting, it will be removed by the City."

2. An enforcement officer may remove any personal property unlawfully stored or remaining in a public place after the posting period has expired.

3. Personal property that poses an imminent threat to public health or safety, may result in pollutants entering storm drains or other illegal discharge into water, is contraband, or is evidence of a crime shall not be subject to the above notice requirements and may be removed immediately by an enforcement officer and stored or destroyed, in accordance with the provisions below, or other applicable laws.

C. Notice. In the event that personal property is removed by an enforcement officer, the enforcement officer shall leave a notice in a prominent place at or near the location where the property was located. The notice shall contain the address and phone number of where the property is being stored, the hours during which the property may be retrieved, and the length of time that the property will be stored before being disposed of.

D. Following removal of unlawfully stored personal property, city personnel shall do the following:

1. Maintain a log containing information about the property that will facilitate identification by the owner. Such log may include an inventory of some or all of the property, information about where the property was located, the date the property was taken by the city, and the name of any person who has previously claimed ownership of the property or whose identification was found with the property;

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2. Store the property in a manner facilitating identification by city personnel, which reasonably protects such property from damage or theft; and

3. Store the property in an area designated by the city for a period of ninety sixty days.

E. Personal property may only be retrieved during regular city business hours.

F. Personal property stored by the city, that is claimed within ninety sixty days from removal, shall be released to the person claiming ownership at no charge, provided the person reasonably identifies the property and the approximate location where the property was left, unless there is clear evidence that the property does not belong to such person. Any person retrieving personal property from the city under this chapter shall retrieve all of their personal property at one time. Any items belonging to the person that are left in the custody of the city will be deemed abandoned and may be thrown away or otherwise disposed of.

G. Any property that is not claimed after the ninety sixty-day storage period may be disposed of without further notice.

H. Notwithstanding any other provision of this chapter, the city shall not be required to store items that are a health or safety hazard hazardous, decaying or rotting, or otherwise unsafe to store or transport.
(Ord. 1302, 1/23/2024)
§ 8.40.080. Removal of camp facilities and paraphernalia.

In the event camp facilities or camp paraphernalia in violation of this chapter are found by an enforcement officer, a notice shall be provided to the occupants of the camp facility of the city's intent to remove the camp facility or paraphernalia at least forty-eight twenty-four hours in advance of any action. Notice shall be provided in writing and shall be served personally on the occupant(s) of the camp facility present when the enforcement officer attempts to serve notice. In addition, the enforcement officer shall post the notice in a prominent place on or near the facilities, so as to reasonably communicate the notice to persons living at the camp who are not present during the attempt to serve notice. The notice shall contain the following information:

A. A statement that the camp facility and/or paraphernalia are in violation of this chapter.

B. An advisement that the city will remove the camp facility and/or paraphernalia forty-eight twenty-four hours after the date and time of the notice, or any longer period of time determined by the city.

C. The date and time notice was served and posted.

D. The address and phone number of where any removed personal property will be stored and the hours of when the property can be retrieved.

E. That the camp facility and/or paraphernalia will be stored for ninety sixty days and will be discarded thereafter if not claimed.

F. Information about any housing or shelter and unhoused services available for the occupants of the camp and contact information for obtaining the housing, shelter, or other health services.
(Ord. 1302, 1/23/2024)
§ 8.40.090. Offer of housing, shelter and services.

Prior to taking any enforcement action against any person under this chapter, the enforcement officer shall offer information to such person regarding any available housing or shelter and other health and human services that the enforcement officer reasonably believes are relevant to the person's individual circumstances. However, failure to offer such information shall not be Page 448 – 463 Ordinance XX Page 11
MCTA 24-06 Amend Chapter 8.40 Camping and Storage of Personal Property grounds to invalidate or challenge any enforcement action. (Ord. 1302, 1/23/2024)
§ 8.40.100. Exceptions.

The provisions of this chapter shall not apply in the event of an emergency, including a citydeclared emergency or natural disaster, such as a fire or earthquake, nor to any persons participating in city-authorized recreational activities in parks within the city, the Civic Center area, or any other public place or facility, nor to camping in public areas legally established and clearly designated for camping purposes, nor to any employee of the city or any public utility or governmental agency who is required to enter or be in said areas in the course of their employment.
(Ord. 1302, 1/23/2024)

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Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of January 9, 2024
From: Chris Constantin, City Manager
Prepared by: Luis Torrico, Interim Director of Community Development Subject: Introduce Ordinance 1302 Approving Municipal Code Text Amendment 22-0002 to Regulate Camping and Storage on Private and Public Property, and Determination of Exemption from CEQA under CEQA Guidelines 15061(b)(3) ____________________________________________________________________________

SUMMARY
The proposed Ordinance aims to establish provisions to regulate unlawful camping and unlawful storage of personal property on private and public property, which can lead to serious health, safety, and accessibility concerns. The San Dimas Municipal Code has existing provisions that regulate overnight camping in parks but not anywhere else in the City.

Ordinance 1302 would add a new chapter to the Municipal Code that will expand the City’s authority to mitigate impacts associated with unlawful camping and storage of personal property citywide.

RECOMMENDATION
City staff recommends that the City Council:

1. Read by title and introduce Ordinance 1302 (Attachment 1) approving Municipal Code Text Amendment 22-0002 to Amend Title 8 of the San Dimas Municipal Code by Adding a New Chapter, Chapter 8.40 to Regulate Camping and Storage on Private and Public Property, and Determine the Ordinance is Exempt from CEQA under CEQA Guidelines 15061(b)(3).

FISCAL IMPACT
While there will be costs associated with the implementation of the Ordinance, these costs are already being incurred by the City as the City already collects and stores personal property. The Ordinance will create regulations for camping and storage of personal property, which will assist both the individual engaging in camping activities, and City staff. With these regulations in place, the goal is that it will lead to fewer situations in which the City needs to collect and store personal ATTACHMENT 2

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Introduction of Ordinance 1302 Approving MCTA 22-0002 Page 2 For the Meeting of January 9, 2024
property. Additionally, the City maintains and incurs costs associated with the Los Angeles Centers for Alcohol and Drug Abuse (LACADA) which provides an array of services with dedicated beds to the City of San Dimas.

BACKGROUND
Homelessness is a multifaceted challenge that impacts not only the individuals directly experiencing it but also the broader community, affecting public safety, community well-being, and the allocation of tax dollars. In the City of San Dimas, we are committed to addressing this issue with compassion and effectiveness, providing an array of resources aimed at assisting those currently homeless and those at risk of homelessness.

Our recent collaboration with the Los Angeles Center for Drug and Alcohol (LACADA) marks a significant step in expanding our support network. This partnership focuses on comprehensive services including street outreach, housing navigation, mental health support, case management, and facilitating access to healthcare and housing. Additionally, we have dedicated four beds within the city for residential treatment and emergency transitional housing, emphasizing our commitment to tangible solutions.

LACADA's outreach team, active in San Dimas four days a week, prioritizes building personal relationships with the homeless population, encouraging engagement with our services. We recognize the importance of voluntary participation in these programs, respecting the autonomy of each individual.

Acknowledging the complexities of homelessness, it is important to note that not all unsheltered individuals readily accept assistance, with a significant portion in our community displaying service resistance. In this context, our proposed camping and property storage regulations aim to strike a balance: maintaining community standards and public health, while also acting as a catalyst for those resistant to services. By setting clear and fair guidelines, we hope to encourage more individuals to engage with the support available, ultimately aiding them in transitioning off the streets and into a pathway for sustained help.

The City's approach aligns with recent court decisions that prevent the criminalization of homelessness, recognizing the right to occupy public spaces when no shelter is available. This understanding, however, does not extend to individuals who can afford temporary shelter but choose not to use it, or to those who decline available shelter options, such as the beds provided through our LACADA partnership.

Our goal is not to penalize homelessness but to offer a balanced solution that respects the rights of the unhoused while addressing community needs. Through these regulations, we aim to gently encourage those resistant to services to reconsider the assistance we offer, moving them towards a path of recovery and stability.

DISCUSSION/ANALYSIS
The proposed camping ordinance would create standards with the goals of mitigating impacts that result from camping on private or public property. Camping can create an unsanitary and unhealthy environment for the individuals engaged in camping, as well as for the general public.

In addition, camping on private or public property can impede access to businesses and public facilities. The proposed Ordinance will allow the City to implement camping restrictions related to unlawful camping and unlawful storage of personal property on private and public property, which

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Introduction of Ordinance 1302 Approving MCTA 22-0002 Page 3 For the Meeting of January 9, 2024
can lead to serious health, safety, and accessibility concerns. In addition, the Ordinance will be in compliance with recent court decisions in that it will include provisions for individuals without available shelter.

In situations where shelter is not available, the Ordinance will prohibit individuals from camping in certain prohibited public places and any transit shelter and on private property, prohibit camping facilities from being erected between 7:00 AM and sunset, prohibit individuals from obstructing access to a street, sidewalk, park playground, public utility, public property, or other public rightof way open for pedestrian travel or governmental use, and prohibit individuals from camping or occupying any public property that is closed to the public.

The Ordinance seeks to balance the public health and safety, with the rights of individuals experiencing homelessness. When a shelter bed is available, the Ordinance will prohibit camping on any public or private property in the City.

There will be some exceptions such as public property designated for camping, private property licensed for camping activities, temporary backyard camping on private property, and camping on at the Girl Scouts of Greater Los Angeles Center, located at 146 W. Arrow Highway, with the property owner’s permission. As previously mentioned, to be in compliance with recent court decisions the city-wide camping ban cannot be enforced if there is no shelter available to those experiencing homelessness. In these situations, only certain areas will prohibit camping. The Ordinance defines these Prohibited Public Places as the following locations:
• Any portion of Bonita Avenue or Arrow Highway, and any public property located within 1,000 feet of Bonita Avenue or Arrow Highway.
• All City-owned or leased buildings and facilities, or those owned or leased by the San Dimas Housing Authority, as well as the entire parcel or parcels on which they are located, including but not limited to:
o San Dimas Civic Center.
o San Dimas City Hall.
o San Dimas Stanley Plummer Community Building.
o San Dimas Senior Citizen/Community Center.
o San Dimas Recreation Center.
o San Dimas City Yard.
o Martin House.
o Walker House; and
o Charter Oak Estates Mobile Home Park.
• City parks and all structures located therein.
• All County-owned property within the City, including but not limited to the Los Angeles County Public Library and County parks, unless camping is authorized on the property by the County.
• All property owned by the Los Angeles County Metropolitan Transportation Authority or the Metro Gold Line Foothill Extension Construction Authority, unless camping is authorized on the property by the property owner.
• On, under, or within 500 feet of bridges and highway underpasses, with the exception of property that is part of a state highway.
• Very high fire severity zones; and
• Flood zones.

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Introduction of Ordinance 1302 Approving MCTA 22-0002 Page 4 For the Meeting of January 9, 2024
The Ordinance will also include provisions related to obstructing public property or doorways, unlawful storage of personal property on public property, procedure for removal of camp facilities and personal property, and prohibition against living in motor vehicles.

One of the goals of the Ordinance is to ensure that access to sidewalks, streets, and building entrances is maintained. The Ordinance would prohibit any person from obstructing, by sitting, lying, sleeping, storing, using, maintaining, or placing personal property in a manner that obstructs access required by the Americans with Disabilities Act, within 15 feet of any driveway, building entrance, or any prohibited public place.

The Ordinance would make it unlawful to store personal property on any public property. The Ordinance further outlines what steps the City will need to take in removing unlawfully stored property. The City will provide notice that if the property is not removed within 24 hours it will be removed by the City. It also includes provisions that allow the City to immediately remove personal property that poses an imminent threat to public health or safety, is contraband, or is evidence of a crime. Once removed, the City will leave a notice in a prominent place for any property taken and said notice will contain the address and phone number of where the property is being stored, the hours during which the property may be retrieved, and the length of time that the property will be stored before being destroyed. A similar process will be utilized to remove camp facilities and paraphernalia that are in violation of the Ordinance.

Lastly, the Ordinance will include a citywide prohibition against living in motor vehicles. It shall be unlawful for any person to sleep overnight in, bathe in, cook in, or otherwise use as a place of residence or habitation any parked trailer, camper shell, motor home, or any other vehicle anywhere in the city. However, if the individual has no available shelter, the prohibition shall be limited to any Prohibited Public Place discussed above.

The City’s existing homelessness resources are intended to assist those individuals currently experiencing homelessness as well as those at risk of becoming homeless. However, the City lacks established protocols on how to mitigate negative impacts associated with unlawful camping and storage or personal property. This Ordinance will achieve this by creating standards that are intended to protect the individual engaging in camping activities and the general public and do so in compliance with recent court decisions.

ALTERNATIVES
There are no alternatives proposed as part of this request; however, the City Council may propose revisions to the proposed Ordinance or not consider the Ordinance in its entirety.

ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because it can be seen with certainty there is no possibility the proposed ordinance may cause a significant effect on the environment. Therefore, no additional environmental review is needed at this time.

Respectfully submitted,
Luis Torrico
Interim Director of Community Development

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Introduction of Ordinance 1302 Approving MCTA 22-0002 Page 5 For the Meeting of January 9, 2024
Attachment:

1. Ordinance 1302

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San Dimas City CouncilAugust 27, 2024

San Dimas City Council
August 27, 2024