Agenda packet, regular meeting — San Marino City Council, May 8, 2024 (part 1 of 2)

AGENDA – MAY 08, 2024 PAGE 1 of 346

CITY OF SAN MARINO

CITY COUNCIL AGENDA
Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
Philippe Eskandar, City Manager
www.SanMarinoCA.gov
(626) 300-0700 Phone
City Hall Council Chamber
2200 Huntington Drive
San Marino, CA 91108

REGULAR MEETING OF THE

SAN MARINO CITY COUNCIL
WEDNESDAY, MAY 8, 2024, AT 6:00 PM

CITY HALL COUNCIL CHAMBERS
2200 HUNTINGTON DRIVE
SAN MARINO, CA 91108
The City of San Marino appreciates your attendance. Citizens’ interest provides the Council with valuable information regarding issues of the community.

Regular meetings are held on the 2nd Wednesday of every month at 6:00 p.m. Typically, adjourned meetings are held on the last Friday of every month at 8:30 a.m.

In compliance with the Americans with Disabilities Act, any person with a disability who requires a reasonable modification or accommodation in order to participate in a meeting should contact the City Clerk via email at [email protected] or by phone at (626) 300-0705 prior to the meeting for assistance.

The public is welcome to attend the meeting in person or remotely via Zoom, however, the meeting will proceed as normal even if there are technical difficulties with Zoom. The City will do it’s best to resolve any technical issues as quickly as possible.

How to view or listen to the meeting from home:

Visit www.SanMarinoCA.gov/Zoom
How to offer public comment from home:

Public comment will be accepted by email to [email protected] until 3:00 p.m. the day before the meeting. Written public comment received by 3:00 p.m. will be distributed to City Council during the meeting. Any comments received after 3:00 AGENDA – MAY 08, 2024 PAGE 2 of 346
p.m. will be included in the public comment record but not provided to City Council at the meeting.

Written public comment will be accepted electronically via the zoom.us teleconference module during the meeting. Written Zoom comments will be accepted after the in-person comments.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL
Council Member Chou, Council Member Lo, Council Member Talt, Vice Mayor Shepherd Romey, and Mayor Huang

POSTING OF AGENDA
The agenda is posted 72 hours prior to each meeting at the following locations: City Hall, 2200 Huntington Drive, the Crowell Public Library, 1890 Huntington Drive, and the Stoneman Building, 1560 Pasqualito Drive. The agenda is also posted on the City’s website:
http://www.SanMarinoCA.gov.

PUBLIC COMMENTS
The City welcomes public input. Members of the public may address the City Council by completing a public comment card and giving it to the City Clerk prior to the meeting. At this time, the public may address the City Council on items that are not on the agenda.

Pursuant to state law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). The Mayor reserves the right to place limits on duration of comments. Staff may be asked to follow up on such items.

CITY MANAGER'S REPORT
This is an opportunity for the City Manager to inform the City Council and the public of any upcoming events or matters of interest to the community.

PRESENTATION

PRESENTATION OF A PROCLAMATION IN RECOGNITION OF MAY BEING

ASIAN AMERICAN PACIFIC ISLANDER HERITAGE MONTH
PRESENTATION OF A PROCLAMATION IN RECOGNITION OF MAY 10

BEING ASIAN AMERICAN, NATIVE HAWAIIAN, PACIFIC ISLANDER

MENTAL HEALTH DAY
AGENDA – MAY 08, 2024 PAGE 3 of 346

PRESENTATION OF A PROCLAMATION IN RECOGNITION OF NATIONAL

PUBLIC WORKS WEEK

PRESENTATION OF A PROCLAMATION IN RECOGNITION OF MAY BEING

HISTORIC PRESERVATION MONTH

PRESENTATION OF A PROCLAMATION IN RECOGNITION OF COMMANDER TIMOTHY TEBBETTS’ RETIREMENT FROM THE SAN MARINO POLICE

DEPARTMENT

NEW BUSINESS

1. AWARD OF PROFESSIONAL DESIGN SERVICES AGREEMENT TO NV5

FOR PREPARATION OF PLANS, SPECIFICATIONS, AND COST
ESTIMATES FOR THE FY 2023-24 ALLEY AND PARKING LOT
IMPROVEMENT PROGRAM PROJECT NO. 23-0532 IN THE AMOUNT OF $64,930
Recommendation: Staff recommends that the City Council award a Professional Services Agreement to NV5 in the amount of $64,930 to prepare design plans, specifications, and cost estimates for the FY 2023-24 Alley and Parking Lot Improvement Program Project. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to award a Professional Services Agreement to NV5 for design services including the preparation of plans, specifications and cost estimates for the Fiscal Year 2023-24 Alley and Parking Lot Improvement Program Project No. 23-0532 in an amount not to exceed $64,930 and authorize the City Manager to execute the agreement on behalf of the City.”

CONSENT CALENDAR

2. AWARD OF BUS TRANSPORTATION SERVICES AGREEEMENT TO
MISSION SCHOOL TRANSPORTATION, INC. IN THE AMOUNT OF
$42,500
Recommendation: Staff recommends the Council award the bus transportation services agreement to Mission School Transportation, Inc. If the City Council concurs with Staff’s recommendation, an appropriate motion would be:
“I move to award a Vendor Agreement to Mission School Transportation, Inc., in the amount of $42,500 for youth related bus transportation services, with the City Manager being authorized to execute the agreement on behalf of the City, as well as four one-year contract extensions subject to satisfactory performance.” AGENDA – MAY 08, 2024 PAGE 4 of 346

3. APPROVAL OF PROCUREMENT OF NEW INTEGRATED LIBRARY SYSTEM SOFTWARE WITH A YEAR 1 CONTRACT AMOUNT OF $11,900
Recommendation: Staff recommends the Council approve of the procurement of new Integrated Library System software, Apollo by Biblionix, for the Community Services Department, Library Division. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve of the procurement of new Integrated Library System software, Apollo by Biblionix, for the Community Services Department, Library Division with a total Year 1 cost of $11,900, with the City Manager being authorized to execute the agreement on behalf of the City, and authorize the City Manager to approve annual renewals, subject to satisfactory service and Council budget allocation.”

4. APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF SAN MARINO

AND INTIME CLOUD HOSTED SCHEDULING SOFTWARE AND

WORKFORCE MANAGEMENT
Recommendation: Staff recommends the City Council authorize and direct the City Manager to enter into an agreement with InTime Solutions for cloud hosted scheduling and workforce management software. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to authorize the City Manager to enter into an agreement with InTime Solutions for cloud hosted scheduling and workforce management software, and to appropriate $11,360 from COPS Fund reserves to account 233-30-4150-0500 (Other Contract Services IT).”

5. MEMORANDUM OF AGREEMENT WITH SAN GABRIEL VALLEY COUNCIL

OF GOVERNMENTS TO PAY ADDITIONAL COST SHARE OBLIGATIONS IN THE AMOUNT OF $8,954.60 FOR PARTICIPATION IN 2018-2023

STORMWATER QUALITY IMPROVEMENT AND MONITORING

PROGRAMS FOR LOS ANGELES RIVER
Recommendation: Staff recommends the City Council approve the Memorandum of Agreement for the Upper Los Angeles River Watershed Management Area. If Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the Memorandum of Agreement with San Gabriel Valley Council of Governments regarding administration and additional cost sharing obligations in the amount of $8,954.60 for implementing the 2018-2023 Coordinated Integrated Monitoring Program (CIMP) and Watershed Management Program (WMP) for the Upper Los Angeles River Watershed Management Area.”

6. APPROVAL OF NOVATION AGREEMENT TRANSFERRING EXISTING

CONTRACT RESPONSIBILITIES OF COLUMBIA

TELECOMMUNICATIONS CORPORATION TO IMPERIAL COUNTY

OFFICE OF EDUCATION FOR THE PROVISION, INSTALLATION, AND

MAINTENANCE OF ADVANCED NETWORK SERVICES AT THE CROWELL

PUBLIC LIBRARY
AGENDA – MAY 08, 2024 PAGE 5 of 346
Recommendation: Staff recommends the Council approve the novation agreement with Imperial County Office of Education transferring existing contract responsibilities from Columbia Telecommunications Corporation for the provision, installation, and maintenance of advanced network services at the Crowell Public Library. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the novation agreement with Imperial County Office of Education transferring existing contract responsibilities from Columbia Telecommunications Corporation for the provision, installation, and maintenance of advanced network services, and authorize the City Manager to execute the agreement on behalf of the City.”

7. ADOPTION OF RESOLUTION NO. R-24-07, A REVIEW OF THE SAN

MARINO POLICE DEPARTMENT MILITARY EQUIPMENT ANNUAL
REPORT AND RENEWAL OF SAN MARINO CITY ORDINANCE O-22-
1390 AND SAN MARINO POLICE DEPARTMENT POLICY 705
Recommendation: Staff recommends the City Council adopt Resolution No. R-24-07, renewing both San Marino City Ordinance No. O-22-1390 and San Marino Police Department Policy 705, and finding that the San Marino Police Department Military Equipment Annual Report complies with the standards of approval set forth in Government Code § 7070, 7071 and 7072. If the City Council agrees with staff’s recommendation an appropriate motion would be:
“I move to adopt Resolution No. R-24-07: a review of the San Marino Police Department Military Equipment Annual Report and Renewal of San Marino City Ordinance No. O-22-1390 and San Marino Police Department Policy 705.”

8. APPROVAL OF RESOLUTION NO. R-24-06, ADOPTING A LIST OF STREET PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
Recommendation: Staff recommends the City Council approve Resolution No. R-24- 06, adopting a list of street projects for Fiscal Year 2024-25 funded by SB1. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve Resolution No. R-24-06 adopting a list of Fiscal Year 2024-25 projects to be funded by SB1 Road Maintenance and Rehabilitation Account Funds.”

9. SIDE LETTER OF AGREEMENT BETWEEN THE SAN MARINO POLICE OFFICERS ASSOCIATION (“SMPOA”) AND THE CITY OF SAN MARINO (“CITY”) CONCERNING EXPANDING THE CATASTROPHIC LEAVE

PROGRAM
Recommendation: Staff recommends the Council adopt the Side Letter of Agreement between the San Marino Police Officers Association (“SMPOA”) and the City of San Marino (“City”).
“I move to adopt the Side Letter of Agreement between the San Marino Police AGENDA – MAY 08, 2024 PAGE 6 of 346
Officers Association (“SMPOA”) and the City of San Marino (“City”) concerning expanding the Catastrophic Leave Program.”

10. APPROVAL OF NOTICE OF COMPLETION FOR YEAR 2 OF THE ANNUAL SIDEWALK REPLACEMENT PROGRAM PROJECT NO. 23-9272
Recommendation: Staff recommends that the City Council accept Year 2 of the Multi-Year Sidewalk Replacement Program as complete and authorize the City Clerk to file the Notice of Completion. If the City Council concurs, an appropriate motion would be:
“I move to accept Year 2 of the Multi-Year Sidewalk Replacement Program Project No. 23-9272 performed by CJ Concrete Construction, Inc., as complete, and authorize the City Clerk to file the Notice of Completion.”

11. CASH AND INVESTMENT REPORT FOR THE MONTH OF MARCH 2024 Recommendation: Staff recommends the Council receive and file this report. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to receive and file the Cash and Investment Report for the Month of March 2024.”

12. RECEIVE AND FILE MONTHLY DISBURSEMENTS REPORT FOR APRIL 2024
Recommendation: Staff recommends the Council receive and file the Monthly Disbursements Report for the month of April 2024. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to receive and file the Monthly Disbursements Report for the month of April 2024.”

13. APPROVAL OF MINUTES
Recommendation: Staff recommends the Council approve the April 2024 minutes. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the minutes of the special meeting of April 10, 2024, the regular meeting of April 10, 2024, the adjourned regular meeting of April 26, 2024, and the special meeting of April 26, 2024.”

WRITTEN COMMUNICATIONS OR PUBLIC WRITINGS DISTRIBUTION
This is an opportunity to announce any written communications pertaining to the City received by members of the City Council. All public writings distributed by the City of San Marino to at least a majority of the City Council regarding any item on this agenda will be made available at the Public Counter at City Hall located at 2200 Huntington Drive, San AGENDA – MAY 08, 2024 PAGE 7 of 346
Marino, California 91108, and will also be included in the public agenda packet that will available for review at the City Council meeting.

FUTURE AGENDA ITEMS

ADJOURNMENT
Posted: 5/3/2024 ALISON WALKER

CITY CLERK
City Manager’s Report and
Operational Dashboard
May 8, 2024
PAGE 8 of 346
City Manager’s Report and Operational
Dashboard
May 8, 2024
105
92 97
80 114
95 77 80
102
81 0
20 40
60 80
100
120
140
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
In-City Incidents
FY 22-23 FY 23-24
86 93 97
81 75
103
83 76 74 72
0 20
40 60
80 100
120
140
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Out-of-City Incidents
FY 22-23 FY 23-24
Fire
Fiscal Year 22-23 Total: 1,120 Current Fiscal Year-to-Date Total: 923 Fiscal Year 22-23 Total: 1,146 Current Fiscal Year-to-Date Total: 840 PAGE 9 of 346
City Manager’s Report and Operational
Dashboard
May 8, 2024
1 1 1
0 4
1 0
2 1 1
0 1
2 3
4 5
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Emergency Medical Services - Cardiac Arrests
FY 22-23 FY 23-24
0 0 0 0
1 1
0 0 0 0
0 1
2 3
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Emergency Medical Services - Return of Spontaneous Circulation FY 22-23 FY 23-24
Fire
Fiscal Year 22-23 Total: 19 Current Fiscal Year-to-Date Total: 12 Fiscal Year 22-23 Total: 4 Current Fiscal Year-to-Date Total: 2 PAGE 10 of 346
City Manager’s Report and Operational
Dashboard
May 8, 2024

0:01:08 0:01:07 0:01:11 0:01:18 0:01:14 0:01:17 0:01:26 0:01:38 0:01:06 0:00:49
0:00:00
0:00:43
0:01:26
0:02:10
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
90th Percentile Response Time: EMS Turnout
FY 22-23 FY 23-24
0:01:35 0:01:46 0:01:40 0:01:31 0:01:50 0:01:31
0:01:02
0:02:00
0:00:47
0:01:14
0:00:00
0:00:43
0:01:26
0:02:10
0:02:53
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
90th Perentile Response Time: Fire Turnout
FY 22-23 FY 23-24
0:06:12 0:06:43 0:07:06 0:06:16 0:06:18 0:05:45 0:05:11 0:05:15 0:05:23 0:05:41 0:02:53
0:07:12
0:11:31
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
90th Percentile Response Time: Overall Response
FY 22-23 FY 23-24
The San Marino Fire Department has adopted the National Fire Protection Association (NFPA) 1710 standards for response time reporting. NFPA standards represent aspirational goals for Fire Departments. By measuring response in percentiles rather than averages, the Fire Department is able to more accurately measure performance of responding units. The time reported as the 90th percentile turnout or response time means that 90% of incidents were as fast, or faster, than the reported time.

Fire
Fiscal Year 22-23 Response Rate: 59 sec Current Fiscal Year Response Rate: 59 sec Fiscal Year 22-23 Response Rate: 1 min 15 sec Current Fiscal Year Response Rate: 1 min and 21 sec Fiscal Year 22-23 Response Rate: 5 min 59 sec Current Fiscal Year Response Rate: 5 min and 59 sec Turnout Time - the amount of time after dispatch for firefighters to don safety equipment and start vehicle response.

Overall Response Time - the total amount of time it takes to respond to an incident, from initial dispatch to arriving on scene.

Verdugo Dispatch changed the way
the times were calculated, resulting
in an overall adjustment of times as
of the 2/14/24 report.

PAGE 11 of 346
City Manager’s Report and Operational
Dashboard
May 8, 2024

5 8
4 4
8 12
3 6
4 12
0 5
10 15
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Residential Burglaries
FY 22-23 FY 23-24
7 7 6 7
9 16 15
5 7 7
0 5
10 15
20 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Larcenies
FY 22-23 FY 23-24
Police
Fiscal Year 22-23 Total: 65 Current Year-to-Date Total: 66 Fiscal Year 22-23 Total: 117 Current Year-to-Date Total: 86 Burglary - the act of entering a premise with the intent of committing a felony or stealing property.

Larceny - the unlawful removal of property. Any person who feloniously steals, takes, carries, leads or drives away the personal property of another is guilty of larceny theft by either misdemeanor of felony larceny.

PAGE 12 of 346
City Manager’s Report and Operational
Dashboard
May 8, 2024

262
168 186 164
234 219
300
226
280
220
0 100
200
300
400
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Traffic Citations Issued
FY 22-23 FY 23-24
2 4
7 8
5 2
0 1
3 5
0 5
10 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Community Meetings
FY 22-23 FY 23-24
Fiscal Year 22-23 Total: 2,061 Current Year-to-Date Total: 2,259 Fiscal Year 22-23 Total: 22 Current Year-to-Date Total: 37 Police
PAGE 13 of 346
City Manager’s Report and Operational
Dashboard
May 8, 2024

92 91
70 104
62 54 64 56
73 77
0 50
100
150
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Building Permits Issued
FY 22-23 FY 23-24
5 7
7 11
5 3 3 4
6 0 3
5 10
15 20
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Tree Removal Permits Issued
FY 22-23 FY 23-24
2 2 2
4 2
4 1
4 5
6 0
2 4
6 8
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
New Business Licenses
FY 22-23 FY 23-24
Community Development
Fiscal Year 22-23 Total: 905 Current Year-to-Date Total: 743 Fiscal Year 22-23 Total: 87 Current Year-to-Date Total: 54 Fiscal Year 22-23 Total: 35 Current Year-to-Date Total: 32 PAGE 14 of 346
City Manager’s Report and Operational
Dashboard
May 8, 2024

3 5
2 4
3 0
3 2 13
0 5
10 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
ADU Permits Issued
FY 22-23 FY 23-24
1 1 0
6 4 4
2 6
1 2
0 5
10 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
ADU Applications Submitted
FY 22-23 FY 23-24
82 105 105 87
65 83 81
97 63 85
0 50
100
150
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Open Code Enforcement Cases
FY 22-23 FY 23-24
Community Development
Fiscal Year 22-23 Total: 41 Current Year-to-Date Total: 26 Fiscal Year 22-23 Total: 52 Current Year-to-Date Total: 27 Fiscal Year 22-23 Average per Month: 69 Current Year-to-Date Average per Month: 85 PAGE 15 of 346
City Manager’s Report and Operational
Dashboard
May 8, 2024

53 22
54 61
42 31
76 43
71 57
0 50
100
150
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Programs Offered
FY 22-23 FY 23-24
10836
2159 1,709 3,306
999 2,282 912 1,191 2,489 1,758
0 5,000
10,000
15,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Participants
FY 22-23 FY 23-24
25 19
30 38
28 26
18 13
23 33
0 10
20 30
40 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Rental Bookings
FY 23-24
Community Services
Fiscal Year 22-23 Total: 609 Current Year-to-Date Total: 510 Fiscal Year 22-23 Total: 32,065 Current Year-to-Date Total: 27,641 Current Year-to-Date Total: 253
PAGE 16 of 346
City Manager’s Report and Operational
Dashboard
May 8, 2024

10,588 11,052 10,075 9,915 11,284 10,677 12,308 10,591 11,638 12,062
0 5,000
10,000
15,000
20,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Library Circulation Total
FY 22-23 FY 23-24
9,369 9,756 8,995 8,858 10,160 9,621 11,096
9,391 10,468 10,810
1,219 1,296
1,080 1,057
1,124 1,056
1,212
1,200
1,170 1,252
0 2,000
4,000
6,000
8,000
10,000
12,000
14,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
FY 2023-24 Library Circulation Breakdown
In-Person Digital
Fiscal Year 22-23 Total: 139,989 Current Year-to-Date Total: 110,190 Community Services
PAGE 17 of 346
City Manager’s Report and Operational
Dashboard
May 8, 2024

$107,342
$1,753,659
$245,823 $1,063,216$1,413,020
$9,713,652
$4,448,189
$2,221,326 $2,878,897
$560,725
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Revenues
FY 22-23 FY 23-24
$5,024,667
$2,818,718
$4,167,689
$2,218,894
$2,574,296
$2,773,144
$2,547,812
$2,016,976
$2,975,654
$2,205,766
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Expenses
FY 22-23 FY 23-24
$83,280
$129,118
$172,397
$140,343 $153,925 $167,547 $180,162 $153,563
$240,201
$128,573
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Overtime Expenses
FY 22-23 FY 23-24
Finance
Fiscal Year 22-23 Total: $35,311,777 Year-to-Date Total: $24,405,849 Fiscal Year 22-23 Total: $38,790,100 Year-to-Date Total: $29,323,618 Fiscal Year 22-23 Total: $1,466,556 Year-to-Date Total: $1,549,109 PAGE 18 of 346
City Manager’s Report and Operational
Dashboard
May 8, 2024

$15,392,335
$14,160,299
$11,859,613
$7,120,318
$6,300,434
$14,778,975
$16,439,176
$16,624,515
$14,473,047
$13,079,265
$0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
General Fund Balance at End of Each Month
FY 22-23 FY 23-24
$37,767,669
$35,768,971
$33,101,058
$31,780,272
$30,580,470
$37,040,167
$39,144,993
$38,952,594
$38,348,721
$42,767,631
$30,000,000
$32,000,000
$34,000,000
$36,000,000
$38,000,000
$40,000,000
$42,000,000
$44,000,000
$46,000,000
$48,000,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Overall Cash Balance in the Bank at End of Each Month
FY 22-23 FY 23-24
Finance
PAGE 19 of 346
City Manager’s Report and Operational
Dashboard
May 8, 2024

109 108 109 108 107 106 104 101 103 104
80 90
100
110
120
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Full-Time Employees (112 budgeted)
FY 22-23 FY 23-24
68 68
40 46 45 46 44 44 47 48
0 20
40 60
80 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Part-Time Employees
FY 22-23 FY 23-24
Fiscal Year 22-23 Average: 99 Current Year-to-Date Average: 106 Human Resources
Fiscal Year 22-23 Average: 46 Current Year-to-Date Average: 50

2.7% 3.6% 2.7% 3.6% 4.5% 5.4%

7.1%

9.8%

8.0% 7.1%
0%
5%
10%
15%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Full-Time Position Vacancy Rate
FY 22-23 FY 23-24
Fiscal Year 22-23 Average: 8.24% Current Year-to-Date Average: 5.46% PAGE 20 of 346
City Manager’s Report and Operational
Dashboard
May 8, 2024

56 60 66 65 63 70 71 66 68 66
0 20
40 60
80 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Workers' Comp Claims (Total Open)
FY 22-23 FY 23-24
1 7
3 2 2
5 8
2 3 3
0 5
10 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Workers' Comp Claims (New)
FY 22-23 FY 23-24
72 123
72 50 51 59
154
83 102 122
0 50
100
150
200
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Workers' Comp Cumulative Days Off (in month)
FY 22-23 FY 23-24
Several COVID-19 Exposure cases caused a spike in Workers’ Comp Cumulative Days Off in January 2024.

Human Resources
Fiscal Year 22-23 Average: 59 Current Year-to-Date Average: 65 Fiscal Year 22-23 Total: 45 Current Year-to-Date Total: 36 Fiscal Year 22-23 Total: 492 Current Year-to-Date Total: 888 PAGE 21 of 346
City Manager’s Report and Operational
Dashboard
May 8, 2024

80% 71% 68% 67% 67% 60% 54% 54%
80% 85%
0%
50%
100%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Performance Evaluation Completion Rate
Fiscal Year 2023-24
Current Year-to-Date Average: 69%
Human Resources
PAGE 22 of 346
City Manager’s Report and Operational
Dashboard
May 8, 2024

60 89
49 54 43
30 37 46
51 34
0 50
100
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Maintenance Service Requests Opened
FY 22-23 FY 23-24
7%
3% 4%
6% 5% 5% 5% 4% 4% 5%
0%
5%
10%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
% Fleet Out of Service More Than 3 Business Days
FY 22-23 FY 23-24
Fiscal Year 22-23 Average: 4.8% Current Year-to-Date Average: 4.8% Fiscal Year 22-23 Total: 619 Current Year-to-Date Total: 493 Parks & Public Works
86% 87%
90% 91%
88%
93% 94%
91% 92% 94%
75%
80%
85%
90%
95%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
% Service Requests Closed Within 5 Business Days
FY 22-23 FY 23-24
Fiscal Year 22-23 Average: 86% Current Year-to-Date Average: 91% PAGE 23 of 346
City Manager’s Report and Operational
Dashboard
May 8, 2024

1 1 1 1 1
2 4
0 2
4 6
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Customer Service Surveys Received
FY 22-23 FY 23-24
Capital Projects in Design 4
Capital Projects in Construction 2
Fiscal Year 22-23 Total: 8 Current Year-to-Date Total: 11 0%
50%
100%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
% Customer Survey Rating of Good/Superior
FY 22-23 FY 23-24
Fiscal Year 22-23 Average: 79% Current Year-to-Date Average: 100% Parks & Public Works
PAGE 24 of 346
City Manager’s Report and Operational
Dashboard
May 8, 2024

22 21
26 23 16
16 35
30 35 38
0 10
20 30
40 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Public Record Requests Received
FY 22-23 FY 23-24
9 7 7 8 7
10 5 6 7 7
0 5
10 15
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Average Time to Respond to Public Records Requests
FY 22-23 FY 23-24
4 1
0 1
0 0 0 0
1 0
0 2
4 6
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Claims Received
FY 22-23 FY 23-24
City Manager’s Office
Fiscal Year 22-23 Total: 276 Current Year-to-Date Total: 262 Fiscal Year 22-23 Average: 8 Current Year-to-Date Average: 7 Fiscal Year 22-23 Total: 14 Current Year-to-Date Total: 7 PAGE 25 of 346
City Manager’s Report and Operational
Dashboard
May 8, 2024

2 55
3 1 1 0 0
7 7 7
0 20
40 60
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Proclamations and Certificates Prepared
FY 22-23 FY 23-24
1 2
3 1
2 1
1 1
3 3
3 2
4 5
4 4
2 1
3 2
2 1
4 5
2 5
2 1
4 3
4 1
1 4
2 3
6 3
1 3
1 2
4 1
2 1
City Manager's Office
Finance
Human Resources
Community Development
Parks & Public Works
Fire
Police
Community Services
# of Agenda Items by Department (FY 22-23)
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Fiscal Year 22-23 Total: 70 Current Year-to-Date Total: 83 City Manager’s Office
PAGE 26 of 346
City Manager’s Report and Operational
Dashboard
May 8, 2024

3 7 8 7 5
2 6 4
8 9
0 5
10 15
20 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Film Permits Processed
FY 22-23 FY 23-24
3 1
2 3
0 0
1 1
2 4
0 2
4 6
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Special Event Permits Processed
FY 22-23 FY 23-24
City Manager’s Office
Fiscal Year 22-23 Total: 92 Current Year-to-Date Total: 59 Fiscal Year 22-23 Total: 16 Current Year-to-Date Total: 17 PAGE 27 of 346
City Manager’s Report and Operational
Dashboard
May 8, 2024

77 78
12 9
43 20
60 7
24 20
0 50
100
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
New Weekly Briefing Monthly Sign Ups
FY 23-24
9,000
11,000
9,500
8,700
6,100
7,300
4,300
7,500
10,000
9,100
9,900
11,000
4,300
6,400
4,100
7,300
5,700
8,300
6,097 6,050
0 2,000
4,000
6,000
8,000
10,000
12,000
Facebook Instagram
Social Media Reach
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
City Manager’s Office
Current Year-to-Date Average: 35
PAGE 28 of 346
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Amber Shah, Parks & Public Works Director
DATE: May 8, 2024
SUBJECT: AWARD OF PROFESSIONAL DESIGN SERVICES
AGREEMENT TO NV5 FOR PREPARATION OF PLANS,

SPECIFICATIONS, AND COST ESTIMATES FOR THE FY
2023-24 ALLEY AND PARKING LOT IMPROVEMENT
PROGRAM PROJECT NO. 23-0532 IN THE AMOUNT OF
$64,930

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Fiscally Responsible and Transparent City Government
Well-Maintained Infrastructure

BACKGROUND
Beginning with the FY 2022-23 budget, the City Council adopted the Alley and Parking Lot Improvement Program. This program is intended to reconstruct and rehabilitate the twenty (20) alleyways and seven (7) parking lots that are owned by the City, many of which have been classified as “poor” or “very poor” condition in the most recent Pavement Condition Assessment. The next step in this program is to retain the services of an engineering consultant to prepare the design plans, specifications, and cost estimates for the first project. Due to their heavy use, staff has included the two parking lots on the northwest and northeast corners of Huntington Drive and San Marino Avenue/Sierra Madre Boulevard, respectively, as well as the alleyways between Ridgeway Road and Winston Avenue near San Marino High School in the FY 2023-24 Alley and Parking Lot Improvement Program Project. These parking lots and alleys are among the most frequently used and in the poorest condition, and are being prioritized for the first year of the program.

Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
PAGE 29 of 346

DISCUSSION
On January 31, 2024, the Department invited qualified, interested firms via the City’s electronic procurement platform to submit proposals for professional civil engineering services to prepare design plans, specifications and cost estimates for the FY 2023-24 Alley and Parking Lot Improvement Program Project.

The City received four proposals for the engineering and design of the project on February 28, 2024. California Government Code 4526 prescribes selection of architectural and engineering services to be based on demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required and does not authorize the selection of professional architectural and engineering services based on cost. After conducting interviews with all four firms and carefully reviewing the qualifications, experience, and understanding of our scope of work, staff recommends award of a Professional Services Agreement to NV5 in the total amount not to exceed $64,930 for the FY 2023-24 Alley and Parking Lot Improvement Program Project.

NV5 has extensive experience working on capital improvement projects for municipalities, including numerous alley and parking lot improvement projects. Furthermore, they have experience working on projects within multiple smaller, residential communities in both the San Gabriel Valley and throughout the Southern California region. Given their experience level and qualifications, as well as their familiarity with communities of similar size to San Marino, staff believes they are the most well-suited for this project.

The Request for Proposals (RFP) also provided for the optional award of a second task to prepare design plans, specifications and cost estimates for the FY 2024-25 Alley and Parking Lot Improvement Program Project. Pending adoption of the FY 2024-25 capital improvement plan budget and satisfactory performance by NV5, staff will return to City Council in the Fall with a contract amendment for this additional scope of work after the FY 2023-24 Alley and Parking Lot Improvement Program Project has been advertised for bid.

FISCAL IMPACT & PROCUREMENT REVIEW
The adopted FY 2023-24 capital improvement plan budget includes $500,000 for both the design and construction phases of the work.

PAGE 30 of 346
ESTIMATED FUNDING SOURCES FOR FY 2023-24 ALLEY AND PARKING

LOT IMPROVEMENT PROJECT
Fund 207 – Prop A
$87,500
Fund 394 – Capital Construction
$412,500
ESTIMATED TOTAL FOR FY 2023-24
$500,000
The cost for NV5’s design work for this project is $64,930. Sufficient funds are available in the project account to complete this portion of the work. The Finance Director has reviewed the staff report for compliance with San Marino Municipal Code §02.06.05.B.5.

LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.

RECOMMENDATION
Staff recommends that the City Council award a Professional Services Agreement to NV5 in the amount of $64,930 to prepare design plans, specifications, and cost estimates for the FY 2023-24 Alley and Parking Lot Improvement Program Project. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to award a Professional Services Agreement to NV5 for design services including the preparation of plans, specifications and cost estimates for the Fiscal Year 2023-24 Alley and Parking Lot Improvement Program Project No. 23-0532 in an amount not to exceed $64,930 and authorize the City Manager to execute the agreement on behalf of the City.”

ATTACHMENTS

1. Map of FY 2023-24 Parking Lots and Alleys

2. Draft Professional Design Services Agreement with NV5

3. Proposal from NV5
PAGE 31 of 346
PA01
PA02
AL13
AL09
AL15
AL14
AL11
AL10 FY 2023-24 Alleyway and Parking Lot Rehabilitation City of San Marino
¯
0 125 250 500
US Feet
Alleyway
Parking Lot
ID Beg Location End Location Width (ft)
[Paved]
Length
(ft)
Area (sf)
[Paved] Est. PCI
AL09 Winston Avenue (N/Huntington Drive) San Marino High School Parking Lot 30 200 6,000 15 AL10 Kenilworth Avenue (N/Huntington Drive) Winston Avenue (N/Huntington Drive) 20 908 18,160 7 AL11 Kenilworth Avenue (N/Huntington Drive) Ridgeway Road (N/Huntington Drive) 20 598 11,960 11 AL13 Alley10 Huntington Drive 20 130 2,600 32
AL14 Monterey Road (E/Oxford Road) San Marino Avenue (E/Oxford Road) 22 500 11,000 19 AL15 Monterey Road (N/Huntington Drive) Westhaven Road (N/Huntington Drive) 21 406 8,526 21 Totals 2,742 58,246
ID Beg Location End Location Width (ft) Length
(ft)
Area (sf)
[Paved] Est. PCI
PA01 W/Side Of Sierra Madre Frontage S/B W/Side Of Sierra Madre Frontage S/B - - 20,669 26 PA02 E/Side Of Sierra Madre Frontage N/B E/Side Of Sierra Madre Frontage N/B - - 19,190 55 Totals 98,105
Table 1-Alleyway Project List
Table 2-Alleyway Project List
PAGE 32 of 346
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PROFESSIONAL SERVICES AGREEMENT
between
The City of San Marino
2200 Huntington Drive
San Marino, CA 91108
&
NV5
163 TECHNOLOGY DRIVE, SUITE 100
IRVINE, CA 92618
This Professional Service Agreement (“the Agreement”) is made as of May 8, 2024 (the “Effective Date”), by and between NV5 (“Consultant”), and the City of San Marino (“City”), a California municipal corporation, (collectively, “the Parties”).

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RECITALS
A. City desires certain professional services as specified in this Agreement.

B. Consultant represents that it is qualified and able to provide City with such services.

NOW THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows:

AGREEMENT

1.0 Scope of Services

1.1. Consultant shall provide those services (“Services”) set forth in the attached Exhibit A.

1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local laws, ordinances, codes, and regulations.

1.4. Consultant shall not be compensated for any work performed unless it is specified in Exhibit A or City authorizes such work in advance and in writing. Any work so authorized by City shall become part of the Services for purposes of this Agreement.

2.0 Term
The term of this Agreement shall commence as of the Effective Date and shall continue through December 31, 2025 unless sooner terminated as provided in Section

5.0 of this Agreement.

3.0 Consultant’s Compensation
City will pay Consultant in accordance with the fee schedule set forth in Exhibit B but in no event will the City pay more than $64,930. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit B, unless otherwise approved by City in writing. Pursuant to Section

02.06.05 of the San Marino City Code, this Agreement shall not be effective unless previously approved by the City Council if it is for professional services greater than thirty thousand dollars ($30,000.00).

4.0 Method of Payment

4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end PAGE 34 of 346
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of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant all undisputed charges within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other required or authorized deductions from payments made to Consultant.

4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s agents or representatives to inspect at Consultant’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City’s rights under this Section 4.2 shall survive for two years following the expiration or earlier termination of this Agreement.

5.0 Termination

5.1. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five (5) calendar days before the termination is to be effective.

5.2. Consultant may terminate this Agreement for cause in the event City fails to cure a default under this Agreement within thirty (30) days after Consultant has given City notice of such default.

5.3. Upon termination of this Agreement, Consultant shall cease all work under this Agreement and deliver to City all materials, reports, documents, notes or other written materials compiled through the last working day this Agreement is in effect. City shall pay Consultant for all services satisfactorily rendered through the last working day this Agreement is in effect; provided that in no event, including but not limited to termination, shall Consultant be entitled to receive more than the maximum compensation set forth in Section 3. Neither party shall have any other claim against the other party by reason of termination pursuant to this Section 5.0.

6.0 Reports, Information and Work Product

6.1. Consultant shall deliver to City: (1) any reports on the status of the Services upon City’s request and in such time and in such form as City may require; and (2) all material furnished to Consultant by City upon City’s request and/or upon the expiration or termination of this Agreement.

6.2. Unless the Parties agree in writing, all draft and final reports, documents, and other written material, and any and all images, ideas, concepts, designs including without limitation any website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Consultant in the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made for hire” for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made.

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Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. Consultant hereby assigns to City all rights of ownership to the Work Product, including but not limited to any and all related intellectual property and proprietary rights that are not otherwise vested in the City pursuant to this paragraph.

6.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose.

Consultant shall defend, indemnify, and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city officials, harmless from any loss, claim, or liability in any way related to a claim that any use by the City of any of the Work Product violates federal, state, or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents, or other means of protecting intellectual property rights, and/or interests in products, ideas, or inventions.

Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret, or trademarked documents, materials, equipment, devices, or processes in connection with its provision of the Work Product produced under this Agreement. If any use by city of any of the Work Product or other deliverables is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using such Work Product and/or other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement.

6.4. Consultant’s obligations under this Section 6.0 shall survive the expiration or termination of this Agreement.

7.0 Party Representatives

7.1. City’s representative for purposes of this Agreement is the City Manager or the person designated in writing by the City Manager. The City Manager’s designee may exercise the authority of the City Manager provided in this Agreement excepting approval of any expenditure that would exceed a total compensation allowed under the Agreement.

7.2. David Niknafs is Consultant’s representative for purposes of this Agreement.

8.0 Notices

8.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:

To City: City of San Marino
2200 Huntington Drive
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San Marino, California 91108
Attn: City Manager
To Consultant: NV5
163 TECHNOLOGY DRIVE, SUITE 100
IRVINE, CA 92618
Attn: David Niknafs

8.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

9.0 Independent Consultant

9.1. Consultant is an independent contractor and not an employee of City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

9.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from Consultant’s personnel practices.

City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.

All duties of Consultant under this Section 9.2 shall survive termination of this Agreement.

9.3. In the event that Consultant provides any of the Services by or through any employee or any person whose work under this Agreement becomes cause for any payment or contribution required by law, including but not limited to the California Public Employees' Pension Reform Act (PEPRA), to the Public Employee Retirement System, Consultant shall be solely responsible for all such payments or contributions. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from Consultant’s failure to make any such payment or contribution. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. All duties of Consultant under this Section 9.3 shall survive PAGE 37 of 346
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termination of this Agreement.

10.0 Subcontractors
Unless otherwise specified in Exhibit A, no portion of this Agreement shall be subcontracted without the prior written approval of the City Manager. Consultant is fully responsible to City for the performance of any and all subcontractors, if any.

11.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City Manager. Any purported assignment without such consent shall be void and without effect.

12.0 Insurance

12.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements, including but not limited to additional insured endorsements, effecting coverage required by this Agreement on forms satisfactory to City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City, if requested.

All certificates and endorsements shall be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

12.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers licensed to do business in California with a current A.M. Best’s rating no less than A:VIII unless otherwise approved in writing by City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability Coverage form (CG 0001); (2) Workers’ Compensation: Consultant shall maintain Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance; (3) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, (4) Professional Liability: Insurance Services Office Professional Liability Coverage form RHIC 6101. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Workers’ Compensation: Consultant shall maintain Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance with limits of at least $1,000,000) per occurrence; (3) Automobile Liability: $ 1,000,000 per PAGE 38 of 346
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accident for bodily injury and property damage; and (4) Professional Liability: $1,000,000 per claim/aggregate.

12.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled by Consultant except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its directors, officials, or officers; (3) coverage shall be primary insurance as respects City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Consultant’s scheduled underlying coverage and that any insurance or self-insurance maintained by City, its directors, officials, officers, employees, agents and volunteers shall be excess of Consultant’s insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Consultant or for which Consultant is responsible.

12.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its directors, officials, officers, employees, agents, and volunteers.

12.5. Any deductibles or self-insured retentions shall be declared to and approved by the City Manager. Consultant guarantees that, at the option of the City Manager, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its directors, officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

12.6. Consultant waives any right to subrogation that any insurer of Consultant may acquire by virtue of payment of any loss under the policies required by this Agreement. Consultant shall obtain any endorsement that may be necessary to affect this waiver of subrogation.

13.0 Indemnification, Hold Harmless, and Duty to Defend

13.1. Indemnity for Design Professional Services. To the maximum extent permitted by law, and to the extent caused by the acts or omissions of Consultant, its employees, or its agents in connection with the performance of design professional services under this Agreement, Consultant shall hold harmless and indemnify City, and its officials, officers, employees, volunteers, and agents serving as independent contractors in the role of City officials (collectively, “Indemnitees”), with respect to any and PAGE 39 of 346
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all claims, demands, causes of action, costs, expenses liability, loss, damage or injury in law or equity, to property or persons, including wrongful death, including without limitation the payment of all consequential damages, attorneys’ fees and other related costs and expenses (collectively, “Claims” hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, that arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, subcontractors, or agents in the performance of its design professional services under this Agreement. With respect to such Claims, Consultant shall, at its own cost, expense, and risk, defend Indemnitees in any action or actions filed in connection with any Claims with counsel of Indemnitees’ choice, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees to the extent caused by the acts or omissions of Consultant, its employees, or its agents, as determined by judicial decision or agreement of the Parties.

13.2. Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Damages” hereinafter) not covered by Subsection 13.1, Consultant shall, to the maximum extent permitted by law, defend, indemnify, and hold Indemnitees free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Consultant, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees, at Consultant’s own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, City, its directors, officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement

13.3. Consultant must obtain executed indemnity agreements with provisions identical to those in Sections 13.1 and 13.2 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of the Services. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless, and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged, or threatened, arising or claimed to arise out of, pertaining to, or relating to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors, or their respective officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, PAGE 40 of 346
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except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

13.4. 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 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.

14.0 Equal Opportunity
Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.

15.0 Labor Certification

15.1. By its signature hereunder, Consultant certifies it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code. Consultant shall provide evidence of such coverage before commencing the performance of the Services.

15.2. Consultant certifies that in the performance of this Services, Consultant shall not, in any manner, employ any person or contract with any person so that any Services so performed by such person would be subject to the workers’ compensation laws of the State of California unless and until Consultant gives City a certificate of consent to self-insure, or a certificate of Workers' Compensation Insurance Coverage.

15.3. In the event Consultant hires a subcontractor who has employees to perform the Services or any part thereof, then Consultant shall either require the subcontractor to obtain Workers’ Compensation Insurance Coverage, or must obtain Workers’ Compensation Insurance Coverage for the subcontractor’s employees.

15.4. Any Workers’ Compensation Insurance Coverage required by or for this Agreement shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, its agents, and its subcontractors.

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16.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.

17.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

18.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.

19.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.

20.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.

21.0 Headings
Headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.

22.0 Force Majeure
Consultant shall not be liable for any failure to perform any obligation under this Agreement if Consultant presents that City in its sole judgment deems acceptable that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.

23.0 Final Payment Acceptance Constitutes Release
Consultant’s acceptance of City’s final payment under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for the Services or anything done or furnished relating thereto. Neither City’s PAGE 42 of 346
11 of 14
payment to Consultant nor approval of payment constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such or payment or approval be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

24.0 Prohibited Interests; Conflict of Interest

24.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services.

Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.

24.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.

24.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in this subsection.

25.0 Attorneys’ Fees
If either party commences any legal, administrative, or other action against the other party arising out of or in connection with this Agreement, the prevailing party in such action shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith.

PAGE 43 of 346
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26.0 Exhibits
Each exhibit referenced in this Agreement is hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.

27.0 Corporate Authority

27.1. Each person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of Consultant and that by his or her execution, Consultant is formally bound to the provisions of this Agreement.

27.2. Consultant certifies it is aware of the requirements of Sections 313 of the California Corporations Code. If Consultant is a corporate entity, it shall either: (a) provide City written proof that each person executing this Agreement on Consultant’s behalf is duly authorized to bind Consultant; or (b) provide two signatories to this Agreement, of whom the first must be Consultant’s chairman of the board, president, or a vice president and the second who must be Consultant’s secretary, an assistant secretary, its chief financial officer, or an assistant treasurer..

IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the Effective Date.

CITY OF SAN MARINO
By:_________________________
Philippe Eskandar
City Manager
Attest:

By:_________________________
City Clerk
Approved as to Form:

By:_________________________
Joe Montes
City Attorney

CONSULTANT
By:_____________________________ (Sign)
Name:__________________________ (Print)
Title: __________________________ (Print)
By:_____________________________ (Sign)
Name:__________________________ (Print)
Title: __________________________ (Print)
PAGE 44 of 346
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Exhibit A
Scope of Services
PAGE 45 of 346

PROJECT APPROACH, COORDINATION AND SCHEDULE
Project Approach
NV5’s approach to each project is specifically tailored to the established goals, objectives, and schedules identified by our clients. Our work plans are detailed and specific to each project’s unique requirements. However, fundamental core values and principals are integrated and employed on each project undertaken. Project development begins at the Request for Proposal (RFP) stage and culminates in the creation of final design documents. We have thoroughly reviewed the RFP to assess the technical requirements of the work and the project delivery schedule. We will deliver the work within the time constraints established by the City. We can make these commitments and assurances because of our highly experienced and diverse staff, and our corporate organization which allows us to quickly respond to requests and organize resources when needed. Each phase is important and essential to overall project success. NV5 has extensive local experience in all aspects of alley and parking lot improvement projects. NV5 has been a leader in providing design services for capital improvement projects, including alley and parking lot improvement projects in Southern California. Our team has worked on the design of hundreds of pavement improvement projects. We can provide the professional design services required for City of San Marino’s PS&E for 2023-24 & 2024-25 Alley & Parking Lot Improvement Program.

NV5 | 16 PAGE 46 of 346
Project Understanding
We have reviewed the information provided by the City of San Marino for Design Services for the PS&E for 2023-24 & 2024-25 Alley & Parking Lot Improvement Program. In addition, we have performed a review of the project area to familiarize ourselves with the project goals and requirements. This groundwork provides a comprehensive understanding of anticipated key issues related to the requested professional services and will enable our team to execute the design services promptly and efficiently. We have a thorough understanding of the requested professional services, project requirements and demands. The project includes preparation of plans, specifications, and cost estimates (PS&E) for the alleys and parking lots shown below:

PROJECT APPROACH, COORDINATION AND SCHEDULE
PA01
PA02
AL13
AL09
AL15
AL14
AL11
AL10
FY-2023-24 Alleyway and Parking Lot Rehabilitation
City of San Marino
¯ 0 250 500 125
US Feet
Alleyway
Parking Lot
ID Beg Location End Location Width (ft)
[Paved]
Length
(ft)
Area (sf)
[Paved] Est. PCI
AL09 Winston Avenue (N/Huntington Drive) San Marino High School Parking Lot 30 200 6,000 15 AL10 Kenilworth Avenue (N/Huntington Drive) Winston Avenue (N/Huntington Drive) 20 908 18,160 7 AL11 Kenilworth Avenue (N/Huntington Drive) Ridgeway Road (N/Huntington Drive) 20 598 11,960 11 AL13 Alley10 Huntington Drive 20 130 2,600 32
AL14 Monterey Road (E/Oxford Road) San Marino Avenue (E/Oxford Road) 22 500 11,000 19 AL15 Monterey Road (N/Huntington Drive) Westhaven Road (N/Huntington Drive) 21 406 8,526 21 Totals 2,742 58,246
ID Beg Location End Location Width (ft) Length
(ft)
Area (sf)
[Paved] Est. PCI
PA01 W/Side Of Sierra Madre Frontage S/B W/Side Of Sierra Madre Frontage S/B - - 20,669 26 PA02 W/Side Of Sierra Madre Frontage N/B W/Side Of Sierra Madre Frontage N/B - - 19,190 55 Totals 106,631
Table 1-Alleyway Project List
Table 2-Parking Lot Project List
NV5 | 17 PAGE 47 of 346

PROJECT APPROACH, COORDINATION AND SCHEDULE
Scope of Work
The following scope of work describes and illustrates in detail the methods and processes proposed by NV5 to accomplish the objectives of the project. The scope is broken down into the tasks as follows:

PROJECT MEETINGS AND COORDINATION
At the start of the project, NV5 will have a kickoff meeting with City staff and the project team to review the project objectives, schedule, scope, and approach. At this meeting, we will establish a point of contact for the project and request all available information related to the project. In addition, the NV5 Project Manager will coordinate all aspects of the project and manage the schedule and costs to assure the project’s completion to the satisfaction of the City. There will be review meetings held with the City. It is anticipated that these meetings will include a project initiation meeting and meetings following the review of plans at the 60% and 90% submittals.

OBTAIN AND REVIEW RECORD DRAWINGS/AS-BUILT PLANS
We will obtain and review all information pertinent to the project, such as the available records, as-built plans, and pavement management plan report.

UTILITY NOTIFICATION AND COORDINATION
We will notify utility companies and obtain available record maps of all utilities within the project limits. Utility coordination on the project will be ongoing and will generally consist of the following:
• Access the Underground Service Alert’s website and compile a list of member agencies that own facilities within the project limits.
• Notify each utility purveyor, in writing, of the City’s proposed plans and schedule and request copies of record drawings or atlas maps of existing and proposed facilities within the project boundary. • Obtain existing dry and wet utility plans/records within the project limits. This also includes the coordination of the adjustment of any utilities per City or other agency standards. • Prepare a Utility Notification Log to track utility company contacts and responses, including contact information and dates of all outgoing and incoming correspondence.
contractor’s construction operations. NV5 will deliver completed and approved construction plans on or ahead of approved schedules. Where applicable, the construction plans will conform to the appropriate applicable standards such

FIELD REVIEW
We will conduct a field review of the project location to assure a detailed depiction of existing conditions and work requirements on the plans and specifications. We believe that clear and concise plans and specifications are created from a total understanding of the existing conditions, properties, and environment of the project.

GEOTECHNICAL INVESTIGATION/PAVEMENT CORING
The purpose of our limited geotechnical investigation is to core through the existing pavement to measure pavement thickness and base material.

NV5’s proposed scope of work will include the following:
• Coordination with the City of San Marino to obtain encroachment permit, if necessary. • Field reconnaissance of the site to mark out of proposed coring locations. Also, coordination with Underground Service Alert (USA) 811 one call service. Any available subsurface utility information should be provided to NV5 prior to initiating field exploration to reduce the potential for damaging existing utilities at the site. • Field investigation of the existing pavement and measuring of the pavement and base thicknesses by utilizing coring equipment and hand tools. The investigation will consist of excavating eight (8) core locations within the alleys and parking lots mentioned above. After completion of coring, measuring of the pavement section and photographing of the core at each location, the core locations will be patched with cold-patch asphalt or quickset concrete. • Preparation of a letter summarizing the results of our field investigation to include the pavement section thicknesses and photographs of each core location.

NV5 | 18 PAGE 48 of 346

PRELIMINARY IMPROVEMENT PLANS
We will utilize the as-built plans and other available maps to prepare the base plans. These base plans will then be used to prepare a preliminary design, including improvements within the project limits. These will be submitted to the City staff for review and consideration. We will prepare preliminary plans for the proposed improvements at a scale of 1”=40’.

FINAL IMPROVEMENT PLANS
Upon City review of the PS&E at the 60% and 90% completion level, we will proceed with the preparation of final PS&E.

The plans will be prepared to conform to the general requirements of the City with consideration for the needs of the contractor’s construction operations. NV5 will deliver completed construction plans on or ahead of schedules. Where applicable, the construction plans will conform to the appropriate applicable standards such as City, County, State standard plans and APWA Standard Specifications for Public Works Construction “Greenbook.” We will prepare final plans for the proposed improvements at a scale of 1”=40’.

SPECIFICATIONS
We will prepare complete project specifications, including Special Provisions per the City’s format. Copies of the Standard General Provisions and Construction Contract Agreement will be supplied by the City to incorporate into the construction documents. We will submit the Specifications at 90% completion and final Specifications with the final submittal. The specifications will include the following important items for contractor consideration during the construction phase, which may impact scheduling of construction:
• Notification & coordination with residential and commercial property owners/tenants • Notification & coordination with San Marino Unified School District • Trash collection schedules

COST ESTIMATES
We will prepare complete construction quantity and cost estimates for the projects. We will submit quantities and cost estimates at 60% and 90% completion, and final quantities and cost estimates with the final submittal.

CONSTRUCTION SUPPORT SERVICES
We will provide the following services during bidding phase and construction phase:
• Design support during bidding phase
• Respond to Request for Information (RFIs) during the project advertisement period • Respond to Contractor’s Request for Information (RFIs) during construction phase Exemptions & Exclusions
• Surveying services.
• Traffic control plans.
• The encroachment permit fee will be waived by the City. Traffic control for Geotechnical Investigation/Pavement Coring will be coordinated with the City. Traffic cones will be used during field work. Traffic control will be provided in accordance with W.A.T.C.H Manual for Traffic Control. • It is assumed that NV5 will be granted right-of-entry for purposes of the field investigation. • The core/boring locations will be patched with rapid-set concrete or asphalt cold patch. If hot-mix-asphalt (HMA) or other type of patching or USA mark-out removal is needed, additional fees will apply. • Testing of pavement subgrade materials and report.
• All permit application processing and fees required for the project. • If additional services outside of the scope of work included herein are requested, such services will be considered supplemental services and require an additional fee.

PROJECT APPROACH, COORDINATION AND SCHEDULE
NV5 | 19 PAGE 49 of 346
NV5 | 20

PROJECT APPROACH, COORDINATION AND SCHEDULE
ID Task Name Duration Start Finish
0 Project Design Phase 3.3 mons* 3/29/24* 6/28/24*
1 Approval of Professional Services Agreement 1 day 3/29/24 3/29/24 2 Notice To Proceed/Kickoff Meeting 0 days 4/8/24 4/8/24 3 Utility Notification 4 days 4/8/24 4/11/24
4 Field Review 1 day 4/12/24 4/12/24
5 Prepare 60% Plans 5 wks 4/15/24 5/17/24
6 City to Review 60% Plans 1 wk 5/20/24 5/24/24
7 Prepare 90% Plans 2 wks 5/27/24 6/7/24
8 City to Review 90% Plans 1 wk 6/10/24 6/14/24
9 Prepare Final PS&E 2 wks 6/17/24 6/28/24
10 Submit Final PS&E 0 days 6/28/24 6/28/24
8 28
March 2024 April 2024 May 2024 June 2024 July 2024
Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Milestone
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Progress
Deadline

PROFESSIONAL DESIGN SERVICES
2023-24 ALLEY AND PARKING LOT IMPROVEMENT PROJECT

DESIGN SCHEDULE
February 28, 2024
* Subject to Change
PAGE 50 of 346
14 of 14
Exhibit B
Fee Schedule
PAGE 51 of 346

COST PROPOSAL AND FEE SCHEDULE
Submitted by NV5, Inc.
163 Technology Drive, Suite 100, Irvine, CA 92618
City of San Marino
PS&E for 2023-24 Alley & Parking Lot Improvement Program February 28, 2024
(Revised March 29, 2024) PAGE 52 of 346
HOURS $ HOURS $ HOURS $
1 Project Meetings and Coordination 8 $1,760 2 $270 2 $200 $2,230 2 Obtain & Review Record Drawings/As-Built Plans 2 $440 2 $270 2 $200 $910 3 Utility Notification and Coordination 2 $440 4 $540 10 $1,000 $200 $2,180 4 Field Review 4 $880 4 $540 8 $800 $100 $2,320
5 Geotechnical Investigation/Pavement Coring $0 $0 $0 $16,200 6 Prepare Preliminary Plans 28 $6,160 114 $15,390 58 $5,800 $27,350 7 Prepare Final Plans 8 $1,760 24 $3,240 10 $1,000 $6,000 8 Prepare Specifications 4 $880 4 $540 10 $1,000 $2,420 9 Prepare Cost Estimate 4 $880 4 $540 12 $1,200 $2,620
10 Construction Support Services 8 $1,760 4 $540 4 $400 $2,700 Subtotal 68 $14,960 162 $21,870 116 $11,600 $300
Total Fee $64,930
$135

COST PROPOSAL AND FEE SCHEDULE
TASK
NO.

ASSISTANT

ENGINEER WORK DESCRIPTION

PROJECT

ENGINEER
City of San Marino
City of San Marino | PS&E for 2023-24 Alley & Parking Lot Improvement Program The method of compensation will be based on time and materials in accordance with the rates provided in this fee proposal. The estimated hours listed for each task and the actual hours may vary. The total compensation for the services and work rendered will not exceed the total fee. $220 $100

REIMBURS
(copies,
mileage,
delivery, etc.)

PROJECT

MANAGER FEE
If additional services outside of the scope of work included herein are requested, such services will be performed on a time and materials basis in addition to the estimated fee.

PAGE 53 of 346

PROPOSAL
Submitted by NV5, Inc.
163 Technology Drive, Suite 100, Irvine, CA 92618
City of San Marino
PS&E for 2023-24 Alley & Parking Lot Improvement Program February 28, 2024
(Revised March 29, 2024) PAGE 54 of 346

TABLE OF CONTENTS
Cover Letter 01
Qualifications and Experience of Firm and Key Team Members 02 References 13
Project Approach, Coordination and Schedule 16
Conflict of Interest Statement 21
Contract Exceptions 22
Insurance Requirements 23
Signed Addendum 24
Cost Proposal and Fee Schedule Submitted Separately
Table of Contents
WHAT MAKES NV5

UNIQUELY QUALIFIED

TO PROVIDE THESE
SERVICES TO THE CITY?
Strong Design
Background
+ Relevant
Experience
Understanding
+ Delivering
Upon the Need
of the City
Ability to
Maintain
Close Working
Relationships
with City
Staff
Able to
Oversee,
Manage + Control
Schedules
and Cost
Dedicated
+ Qualified
Professional
Team
Members
City of San Marino | PS&E for Alley & Parking Lot Improvement Program NV5 PAGE 55 of 346 Jeffrey M. Cooper, PE
Senior Vice President

COMPANY INFORMATION/CONTACT
Name: NV5, Inc.

Address: 163 Technology Drive, Suite 100,
Irvine, CA 92618
Telephone Number: (949) 545-3600
Email of Contact: [email protected]
David Niknafs, PE
Project Manager
PN: P27524-0001598.00
February 28, 2024
(Revised March 29, 2024)
City of San Marino
Attn: Amber Shah, PE
2200 Huntington Drive
San Marino, CA 91108-2639
SUBJECT: Proposal for the 2023-24 Alley & Parking Lot Improvement Program Dear Ms. Shah,
NV5, Inc. is excited to have the opportunity to provide professional civil engineering services to the City of San Marino (City) for PS&E for Alley & Parking Lot Improvement Program (project). Our team has the technical knowledge and experience to deliver your projects in the most cost-efficient and cost-effective manner. NV5’s strengths include the following:

Proposed Team: NV5 offers the City a team of dedicated professionals with proven capability and expertise. The team will be led by Project Manager David Niknafs, PE. Mr. Niknafs has over 30 years of civil engineering experience in the public sector working on various capital improvement projects and has extensive experience managing civil engineering contracts. He has managed and overseen the design and administration of numerous public works projects, including roadways, alleys, parking lots, bridges, drainage, sewer, water, underground utilities, building facilities, and related infrastructure improvement projects. This contract will be managed from our Irvine office, where the proposed team is located. Team information can be found beginning on the following page.

Relevant Experience: We have a proven track record of successfully providing engineering design services to municipalities throughout Southern California, most of which have been repeat clients. Our team has provided similar services to dozens of agencies, including: The Cities of Chino, Santa Fe Springs, Glendale, Placentia, La Habra Heights, and many more. Select project experience can be found beginning on page 12.

In-House Services: In addition to providing professional engineering design services, NV5 offers in-house construction management and inspection services, materials testing and special inspection, survey (drone capability), and many other professional services the City may need at a moment’s notice. NV5 has a deep bench of more than 4,000 professionals who can be made available to the City, and we will provide the personnel with the most relevant experience on a per project or task order basis.

NV5 Off cers: The following officers are located at 200 South Park Road, Suite 350, Hollywood, FL 33021, and can be reached by telephone at 954.495.2112: Dickerson Wright (Chairman, CEO), Alexander A. Hockman (Director, COO and President), Mary Jo O’Brien (Director, Exevutive Vice President and Chief Administrative Officer), William D. Pruitt (Director), Francois Tardan (Director), Laurie Conner (Director), Denise Dickins (Director), and Brian Freckman (Director).

Jeffrey M. Cooper (Director) is located at 163 Technology Drive, Suite 100, Irvine, CA 92618, and can be reached by telephone at 949.585.0477.

Parent Company: NV5, Inc. operates under its parent company, NV5 Global, Inc., located at 200 South Park Road, Suite 350, Hollywood, FL 33021.

NV5 looks forward to the opportunity to work with the City and help you achieve your goals and objectives. If you need further information, we may be reached by phone at (949) 585-0477, or electronically at [email protected] and [email protected]. Thank you for your time and consideration.

Sincerely,
NV5
163 Technology Drive, Suite 100 | Irvine, CA 92618 | www.nv5.com | Office: 949.585.0477 | Fax: 949.409.8182 PAGE 56 of 346

QUALIFICATIONS AND EXPERIENCE OF FIRM AND KEY TEAM MEMBERS

PROJECT ENGINEERS
Art Biscocho*
Stephen Novak*
Matthew Ronquillo

PROJECT MANAGER
David Niknafs, PE*

PRINCIPAL-IN-CHARGE
Jeffrey M. Cooper, PE
Organization Chart
Our team of experts bring direct, relevant, successful and current experience working on projects of similar scope and complexity. We are equipped with the resources to provide the City with the requested engineering services. Shown below are team roles and responsibilities. There will be no changes to key personnel unless approved by the City. *Key Team Member
City of San Marino
Team Availability

TEAM MEMBER EXPECTED AVAILABILITY
Jeffrey Cooper, PE Principal-in-Charge 0-10%
David Niknafs, PE Project Manager 50-80%
Art Biscocho Project Engineer 70-90%
Stephen Novak Project Engineer 70-90%
Matthew Ronquillo Assistant Engineer 70-90%
NV5 | 2 PAGE 57 of 346
Project Experience
Residential Alley Improvements
CITY OF SANTA FE SPRINGS | SANTA FE SPRINGS, CA
Project Manager. Mr. Niknafs is responsible for providing engineering design services for 10 alley segments for the Residential Alley Improvements project. Services include utility notification and coordination; topographic survey; pavement investigation and report that will include a recommendation for subgrade preparation, soil corrosion potential, and pavement design options; and preliminary and final plans, specifications and cost estimate.

Reference: Robert Garcia, Public Works CIP Manager, City of Santa Fe Springs, 11710 Telegraph Road, Santa Fe Springs, CA 90670, [email protected], 562.868.0511, ext. 7545
Hawthorne Alley & Grevillea Alley Improvements
CITY OF LAWNDALE | LAWNDALE, CA
Project Manager. Mr. Niknafs was responsible for preparing the plans, specifications and estimate for the rehabilitation of the alleyways that run parallel to Hawthorne Boulevard and Grevillea Avenue. Improvements included improving alley drainage; grading; removal and replacement of pavement sections; alley concrete gutter; construct and repair curb and sidewalk; and removal of trees and landscaping.

Services included schedule and cost estimate and submittal review.

Reference: Miguel Alvarez, PE, Project Manager, City of Lawndale, 4722 Manhattan Beach Blvd., Lawndale, CA 90260, 310.973.3265
FY 2022-23 Pavement Management Program Implementation
CITY OF GLENDALE | GLENDALE, CA
Project Manager. Mr. Niknafs is responsible for providing engineering design services for the City’s Fiscal Year 2022-23 Pavement Management Program Implementation project. Improvements include selective removal and repair of concrete curbs and gutters, sidewalks, driveways, cross gutters, catch basins, bus pads, and alley aprons; pavement repairs, including full-depth reconstruction, rubberized asphalt pavement wearing course (ARHM), crack seal, Asphalt Rubber Aggregate Membrane (ARAM), and Slurry Seal Type II; sewer point repairs based on City-provided CCTV videos; utility pull box relocation; storm drain infrastructure analysis and design, including hydrology and hydraulic analysis if needed; installation of survey well monuments; tree plantings, including coordinating with the City for tree species and locations; and review of the City’s Bicycle Master Plan and design of plans according to recommendations.

Services include field review; utility coordination and notification; topographic survey; geotechnical investigation; preparation of preliminary and final plans, specifications and estimates; and bid and construction support.

DAVID NIKNAFS, PE
Project Manager
Mr. Niknafs has more than 30 years of civil engineering experience in the public and private sectors working on various capital improvement projects and has extensive experience working as a project manager. He has managed numerous public works and development projects, including roadways, alleys, parking lots, bridges, drainage, sewer, water, underground utilities, building facilities and related infrastructure projects.

CONTACT INFO
[email protected]

EXPERIENCE
30 years

EDUCATION
M.S. Civil Engineering
B.S. Civil Engineering

LICENSES
Civil Engineer (CA)
No. 42697

AFFILIATIONS
American Public Works
Association (APWA)
American Society of Civil
Engineers (ASCE)
Transportation &
Development Institute

QUALIFICATIONS AND EXPERIENCE OF FIRM AND KEY TEAM MEMBERS NV5 | 3 PAGE 58 of 346
Reference: Yazdan T. Emrani, PE, Director of Public Works, City of Glendale, 633 E. Broadway Room 209, Glendale, CA 91206, [email protected], 818.548.3900
Hesse Community Park Parking Lot Improvements
CITY OF RANCHO PALOS VERDES | RANCHO PALOS VERDES, CA
QA/QC Manager. Mr. Niknafs led the team providing engineering design services for the Hesse Community Park Parking Lot Improvements project. The project consisted of the design of concept plans for parking lot pavement improvements and parking lot lighting improvements. Our services included preparation of concept plans and a preliminary cost estimate for the proposed improvements and attending progress and City Council meetings as necessary. Three design concepts were provided to the City and one was ultimately selected by the City Council.

Design of Several Alleys
CITY OF COSTA MESA | COSTA MESA, CA
Project Manager. Mr. Niknafs was responsible for overseeing the preparation of plans, specifications and estimates for the total reconstruction or pavement rehabilitation of 11 alleys. Work included soil testing; structural section design; field surveying; replacement of alley entrance, damaged curb and gutters, cross gutters and spandrels, sidewalks, driveway and approaches, turf and irrigation; wheelchair ramp (WCR) designs meeting ADA requirements; planting and trimming trees; determining right-of-way; and providing traffic control and striping plans.

City Hall and Police Station HVAC System Replacement and Solar Energy Project CITY OF PLACENTIA | PLACENTIA, CA
Civil Design Project Manager. Mr. Niknafs is managing the team providing civil engineering design services for the City Hall and Police Station HVAC System Replacement and Solar Energy Project. NV5 is providing engineering services to review and analyze the City’s energy consumption at City Hall and the Police Station, including existing HVAC and associated mechanical equipment, and will provide recommended improvements to optimize energy efficiency and cost savings as well as climate control within the building, and provide engineered improvement plans and technical specifications for the replacement of the existing HVAC system at the two facilities, along with the installation of a new solar and battery energy system to power the building. NV5 is also preparing civil plans, specifically for the locations designated for the electric vehicle charging stations in the Civic Center parking lot and Police Station parking lot, including paving plans, striping plans, and utility trenching details.

FY 2023-24 Street Rehabilitation
CITY OF PLACENTIA | PLACENTIA, CA
Project Manager. Mr. Niknafs is responsible for providing engineering design services for the City’s FY 2023-24 Street Rehabilitation project as part of our on-call contract with the City. The project includes repaving or slurry seal for various streets within the City. In general, the work consists of asphalt overlay, slurry seal; replacement of damaged sidewalk, curb, and gutter; and new signing, striping, markings, and pavement legends. The work includes the preparation of two bid packages – one for residential/local streets and one for arterial streets. NV5 will prepare storm drain improvement plan for the intersection of Walnut Avenue and Center Street based on the Storm Drain Master Plan Update and prepare preliminary and final bid packages and cost estimates for the project. NV5 will also provide construction support services.

Hacienda Avenue Spa Zone Street Improvements
CITY OF DESERT HOT SPRINGS | DESERT HOT SPRINGS, CA
Project Manager. Mr. Niknafs is responsible for providing engineering design services for the City’s Hacienda Avenue Spa Zone Street Improvements project. The improvement project extends from Tamar Drive to the city limits/Long Canyon Road. The purpose of the project is to provide pedestrian and bicycle safety infrastructure improvements. There are currently no bike lanes along this 1.9-mile segment of Hacienda Avenue. The project proposes to construct 10,341 feet of sidewalks, 9,450 square feet of safety medians, 42 ADA ramps, 8,528 feet of buffered bike lanes, 8,872 feet of standard Class II bike lanes, 99 streetlights, 17 crosswalks, and one intersection safety improvement. The scope of work includes utility coordination; topographic and right-of-way surveys and preparation of base maps, legal descriptions and plats; pavement investigation and recommendations; preparation of preliminary and final plans, specifications and estimates; environmental documentation; and bid and construction support.

QUALIFICATIONS AND EXPERIENCE OF FIRM AND KEY TEAM MEMBERS NV5 | 4 PAGE 59 of 346
Project Experience
Residential Alley Improvements
CITY OF SANTA FE SPRINGS | SANTA FE SPRINGS, CA
Project Engineer. Mr. Biscocho is providing engineering design services for 10 alley segments for the Residential Alley Improvements project. Services include utility notification and coordination; topographic survey; pavement investigation and report that will include a recommendation for subgrade preparation, soil corrosion potential, and pavement design options; and preliminary and final plans, specifications and cost estimate.

Reference: Robert Garcia, Public Works CIP Manager, City of Santa Fe Springs, 11710 Telegraph Road, Santa Fe Springs, CA 90670, [email protected], 562.868-0511, ext. 7545
FY 2022-23 Pavement Management Program Implementation
CITY OF GLENDALE | GLENDALE, CA
Project Engineer. Mr. Biscocho is providing engineering design services for the City’s Fiscal Year 2022-23 Pavement Management Program Implementation project.

Improvements include selective removal and repair of concrete curbs and gutters, sidewalks, driveways, cross gutters, catch basins, bus pads, and alley aprons; pavement repairs, including full-depth reconstruction, rubberized asphalt pavement wearing course (ARHM), crack seal, Asphalt Rubber Aggregate Membrane (ARAM), and Slurry Seal Type II; sewer point repairs based on City-provided CCTV videos; utility pull box relocation; storm drain infrastructure analysis and design, including hydrology and hydraulic analysis if needed; installation of survey well monuments; tree plantings, including coordinating with the City for tree species and locations; and review of the City’s Bicycle Master Plan and design of plans according to recommendations.

Reference: Yazdan T. Emrani, PE, Director of Public Works, City of Glendale, 633 E.

Broadway Room 209, Glendale, CA 91206, [email protected], 818.548.3900 Multiple Street Improvements
CITY OF CHINO | CHINO, CA
Project Designer. Mr. Biscocho provided engineering design services for the 16th, 17th, and 18th Streets, Serene Avenue, and Tangerine Avenue Widening and Improvements project. The project included the reconstruction/grind and overlay of streets, drive approaches, ADA-compliant ramps, curb, gutter and sidewalk, street widening, and ROW legal descriptions and plats. Our services include as-built research,

ART BISCOCHO
Project Engineer
Mr. Biscocho has more than 30 years of experience as a Project Engineer. He has a demonstrated ability to manage multiple projects from planning to construction closeout. He has a wealth of knowledge of the overall operational experience working with municipal agencies, and his qualifications include the ability to review and prepare construction plans, specifications and cost estimates; provide engineering counter assistance; process permits; and establish, maintain and foster positive working relationships with agency staff.

CONTACT INFO
[email protected]

EXPERIENCE
30 years

EDUCATION
B.S. Civil Engineering

QUALIFICATIONS AND EXPERIENCE OF FIRM AND KEY TEAM MEMBERS NV5 | 5 PAGE 60 of 346
investigation, and review; utility research and notification; field survey; plans, specifications and cost estimate; plan interpretation and bidding assistance.

Reference: Maria Fraser, Engineering Manager, City of Chino, 13220 Central Avenue, Chino, CA 91710, mfraser@ cityofchino.org, 909.334.3310
Hesse Community Parking Lot Improvements
CITY OF RANCHO PALOS VERDES | RANCHO PALOS VERDES, CA
Project Designer. Mr. Biscocho provided engineering design services for the Hesse Community Park Parking Lot Improvements project. The project consisted of the design of concept plans for parking lot pavement improvements and parking lot lighting improvements. Our services included preparation of concept plans and a preliminary cost estimate for the proposed improvements and attending progress and City Council meetings as necessary. Three design concepts were provided to the City and one was ultimately selected by the City Council.

FY 2023-24 Street Rehabilitation
CITY OF PLACENTIA | PLACENTIA, CA
Project Engineer. Mr. Biscocho is providing engineering design services for the City’s FY 2023-24 Street Rehabilitation project as part of our on-call contract with the City. The project includes repaving or slurry seal for various streets within the City. In general, the work consists of asphalt overlay, slurry seal; replacement of damaged sidewalk, curb, and gutter; and new signing, striping, markings, and pavement legends. The work includes the preparation of two bid packages – one for residential/local streets and one for arterial streets. NV5 will prepare storm drain improvement plan for the intersection of Walnut Avenue and Center Street based on the Storm Drain Master Plan Update and prepare preliminary and final bid packages and cost estimates for the project. NV5 will also provide construction support services.

FY 2022-23 Street Improvements
CITY OF LA HABRA HEIGHTS | LA HABRA HEIGHTS, CA
Project Engineer. Mr. Biscocho is providing engineering design services for the City’s FY 2022-23 Street Improvements.

Improvements include grind and overlay, slurry seal, and crack seal, depending on the current condition of each roadway segment. Our services include providing preliminary and final street improvement plans; specifications; quantity and cost estimates; and design support during construction.

FY 2021-22 Street Improvements
CITY OF LA HABRA HEIGHTS | LA HABRA HEIGHTS, CA
Project Engineer. Mr. Biscocho provided engineering design services for the City’s FY 2021-22 Street Improvement project. Improvements included slurry seal and grind and overlay, depending on the current condition of each segment.

Our services include project meetings and coordination; obtaining and reviewing data; project documentation and field review; utility notification and coordination; preliminary and final street improvement plans; specifications; quantity and cost estimates; and bidding and construction support services.

Hacienda Avenue Spa Zone Street Improvements
CITY OF DESERT HOT SPRINGS | DESERT HOT SPRINGS, CA
Project Engineer. Mr. Biscocho is providing engineering design services for the City’s Hacienda Avenue Spa Zone Street Improvements project. The improvement project extends from Tamar Drive to the city limits/Long Canyon Road. The purpose of the project is to provide pedestrian and bicycle safety infrastructure improvements. There are currently no bike lanes along this 1.9-mile segment of Hacienda Avenue. The project proposes to construct 10,341 feet of sidewalks, 9,450 square feet of safety medians, 42 ADA ramps, 8,528 feet of buffered bike lanes, 8,872 feet of standard Class II bike lanes, 99 streetlights, 17 crosswalks, and one intersection safety improvement. The scope of work includes utility coordination; topographic and right-of-way surveys and preparation of base maps, legal descriptions and plats; pavement investigation and recommendations; preparation of preliminary and final plans, specifications and estimates; environmental documentation; and bid and construction support.

HCA 17th Street Parking Lot Repairs
ORANGE COUNTY PUBLIC WORKS | SANTA ANA, CA
Project Designer. Mr. Biscocho prepared plans, specifications and estimates for the parking lot pavement conditions due to disrepair.

QUALIFICATIONS AND EXPERIENCE OF FIRM AND KEY TEAM MEMBERS NV5 | 6 PAGE 61 of 346

STEPHEN NOVAK
Project Engineer
Mr. Novak has more than 25 years of experience in civil, environmental and geotechnical engineering. His expertise includes the conceptual planning, design and preparation of rough to precise grading plans; land use studies and preliminary engineering; street design; and water, sanitary sewer, street and storm drain plans. His projects encompass residential, wastewater and infrastructure, mountain and hillside, golf and resort, and commercial projects. His strengths as a designer/planner are first built on natural landforms development that integrates the environmental, cultural and economic imperatives of the client and community, providing creative and innovative design solutions. Mr. Novak is proficient with AutoCAD C3D, Word and Excel software applications.

CONTACT INFO
[email protected]

EXPERIENCE
25 years

EDUCATION
A.S. Building Technology

LICENSES/CERTIFICATES
Certificate, Master
Planning Communities
Project Experience
Residential Alley Improvements
CITY OF SANTA FE SPRINGS | SANTA FE SPRINGS, CA
Project Engineer. Mr. Novak is providing engineering design services for 10 alley segments for the Residential Alley Improvements project. Services include utility notification and coordination; topographic survey; pavement investigation and report that will include a recommendation for subgrade preparation, soil corrosion potential, and pavement design options; and preliminary and final plans, specifications and cost estimate.

Reference: Robert Garcia, Public Works CIP Manager, City of Santa Fe Springs, 11710 Telegraph Road, Santa Fe Springs, CA 90670, [email protected], 562.868-0511, ext. 7545
Multiple Street Improvements
CITY OF CHINO | CHINO, CA
Project Designer. Mr. Novak provided engineering design services for the 16th, 17th, and 18th Streets, Serene Avenue, and Tangerine Avenue Widening and Improvements project. The project included the reconstruction/grind and overlay of streets, drive approaches, ADA-compliant ramps, curb, gutter and sidewalk, street widening, and ROW legal descriptions and plats. Our services include as-built research, investigation, and review; utility research and notification; field survey; plans, specifications and cost estimate; plan interpretation and bidding assistance.

Reference: Maria Fraser, Engineering Manager, City of Chino, 13220 Central Avenue, Chino, CA 91710, [email protected], 909.334.3310
FY 2023-24 Street Rehabilitation
CITY OF PLACENTIA | PLACENTIA, CA
Project Engineer. Mr. Novak is providing engineering design services for the City’s FY 2023-24 Street Rehabilitation project as part of our on-call contract with the City. The project includes repaving or slurry seal for various streets within the City. In general, the work consists of asphalt overlay, slurry seal; replacement of damaged sidewalk, curb, and gutter; and new signing, striping, markings, and pavement legends. The work includes the preparation of two bid packages – one for residential/local streets and one for arterial streets. NV5 will prepare storm drain improvement plan for the intersection of Walnut Avenue and Center Street based on the Storm Drain Master

QUALIFICATIONS AND EXPERIENCE OF FIRM AND KEY TEAM MEMBERS NV5 | 7 PAGE 62 of 346
Plan Update and prepare preliminary and final bid packages and cost estimates for the project. NV5 will also provide construction support services.

Reference: Chris Tanio, PE, Deputy Director of Public Works/City Engineer, City of Placentia, 401 E. Chapman Ave., Placentia, CA 92870, [email protected], 714.993.8132 Various Street Improvements
CITY OF COSTA MESA | COSTA MESA, CA
Project Designer. Mr. Novak provided design revisions of driveways and ADA sidewalks and responses to plan check comments. NV5 provided engineering design services for various street improvement projects as part of the City’s FY 2017-18 Capital Improvement Projects. The project included the preparation of plans, specifications and cost estimates for various streets; and other professional engineering services including On-Call General Design and staff augmentation services. The project also required coordination with utility companies.

FY 2020-21 Street Improvements
CITY OF LA HABRA HEIGHTS | LA HABRA HEIGHTS, CA
Project Engineer. Mr. Novak provided engineering design services for the City’s FY 2020-21 Street Improvement project, which consisted of 27 street segments. Improvements included grind and overlay, slurry seal and crack seal, depending on the current condition of each roadway segment. NV5 took pavement cores along a segment of Solejar Drive to obtain information relative to the pavement structural section. Our team reviewed drainage conditions and identified any existing drainage issues. Services included project meetings and coordination; obtaining and reviewing data; project documentation and field review; utility notification and coordination; preliminary and final street improvement plans; specifications; quantity and cost estimates; and bidding and construction support services.

FY 2019-20 Street Improvements
CITY OF LA HABRA HEIGHTS | LA HABRA HEIGHTS, CA
Project Designer. Mr. Novak provided engineering design services for the City’s FY 2019-20 Street Improvement project.

The project consisted of 18 roadway segments. Improvements included slurry seal and grind and overlay, depending on the current condition of each segment. Our services included project meetings and coordination; obtaining and reviewing data; project documentation and field review; utility notification and coordination; preliminary and final street improvement plans; specifications; quantity and cost estimates; and bidding and construction support services.

El Monte Avenue and Baldwin Avenue Street Improvements
CITY OF EL MONTE | EL MONTE, CA
Project Designer. Mr. Novak provided civil engineering design services for the street improvement project at El Monte Avenue from Rio Hondo Channel to Lower Azusa Road and Baldwin Avenue from Lower Azusa Road to I-10. Services included topographical survey; reviewing existing pavement conditions and treatment recommendations; potholing existing pavement sections and subgrade to determine recommended pavement section and repair methodologies; preparing plans, specifications, and estimates; implementing City’s Bike Master Plan recommended bike route; and preparing final bid documents.

Annual Residential Street Rehabilitation (Phases 1 and 2) CITY OF COMPTON | COMPTON, CA
Project Designer. Mr. Novak was responsible for preparing plans, specifications and estimates for the City’s annual residential street rehabilitation projects. The scope of work included review and analysis of the City’s existing Pavement Management Study; research of the City’s existing street plan information; performing necessary soil investigations and coring samples; utilities notification and coordination; topographic survey; field review; and improvements to street pavement, street drainage, curb and gutter, sidewalk, and ADA curb ramps.

Residential Streets South of Florence Avenue (Triangle) Street Improvements CITY OF SANTA FE SPRINGS | SANTA FE SPRINGS, CA
Project Engineer. Mr. Novak is providing engineering design services for the preparation of plans, specifications and cost estimates for residential street segments. The scope of work consists of pavement improvements, including grind and overlay using Fiber Reinforced Asphalt Concrete (FRAC), slurry seal with fiber reinforcements, curb and gutter, sidewalks, driveway approaches and curb ramp improvements. NV5 also provided survey services for the project.

QUALIFICATIONS AND EXPERIENCE OF FIRM AND KEY TEAM MEMBERS NV5 | 8 PAGE 63 of 346

MATTHEW RONQUILLO
Assistant Engineer
Mr. Ronquillo is an Assistant Engineer experienced in the plan check, design and administration of public works projects. He is skilled in AutoCAD, ArcGIS, Civil 3D, structural analysis, and analyzing design and contract documents. He is well-versed in the Greenbook, Standard Plans for Public Works Construction, and interpreting City standards.

CONTACT INFO
matthew.ronquillo
@nv5.com

EXPERIENCE
3 years

EDUCATION
B.S. Civil Engineering
A.S. Engineering
A.A. Science &
Mathematics
Project Experience
Residential Alley Improvements
CITY OF SANTA FE SPRINGS | SANTA FE SPRINGS, CA
Assistant Engineer. Mr. Ronquillo is assisting the team that is providing engineering design services for 10 alley segments for the Residential Alley Improvements project.

Services include utility notification and coordination; topographic survey; pavement investigation and report that will include a recommendation for subgrade preparation, soil corrosion potential, and pavement design options; and preliminary and final plans, specifications and cost estimate.

Reference: Robert Garcia, Public Works CIP Manager, City of Santa Fe Springs, 11710 Telegraph Road, Santa Fe Springs, CA 90670, [email protected], 562.868-0511, ext. 7545
FY 2022-23 Pavement Management Program Implementation
CITY OF GLENDALE | GLENDALE, CA
Assistant Engineer. Mr. Ronquillo is providing engineering design services for the City’s Fiscal Year 2022-23 Pavement Management Program Implementation project.

Reference: Yazdan T. Emrani, PE, Director of Public Works, City of Glendale, 633 E.

Broadway Room 209, Glendale, CA 91206, [email protected], 818.548.3900 FY 2023-24 Street Rehabilitation
CITY OF PLACENTIA | PLACENTIA, CA
Assistant Engineer. Mr. Ronquillo is assisting the team responsible for providing engineering design services for the City’s FY 2023-24 Street Rehabilitation project as part of our on-call contract with the City. The project includes repaving or slurry seal for various streets within the City. In general, the work consists of asphalt overlay, slurry seal; replacement of damaged sidewalk, curb, and gutter; and new signing, striping, markings, and pavement legends. The work includes the preparation of two

QUALIFICATIONS AND EXPERIENCE OF FIRM AND KEY TEAM MEMBERS NV5 | 9 PAGE 64 of 346
bid packages – one for residential/local streets and one for arterial streets. NV5 will prepare storm drain improvement plan for the intersection of Walnut Avenue and Center Street based on the Storm Drain Master Plan Update and prepare preliminary and final bid packages and cost estimates for the project. NV5 will also provide construction support services.

Reference: Chris Tanio, PE, Deputy Director of Public Works/City Engineer, City of Placentia, 401 E. Chapman Ave., Placentia, CA 92870, [email protected], 714.993.8132 FY 2022-23 Street Improvements
CITY OF LA HABRA HEIGHTS | LA HABRA HEIGHTS, CA
Assistant Engineer. Mr. Ronquillo is assisting the team responsible for providing engineering design services for the City’s FY 2022-23 Street Improvements. Improvements include grind and overlay, slurry seal, and crack seal, depending on the current condition of each roadway segment. Our services include providing preliminary and final street improvement plans; specifications; quantity and cost estimates; and design support during construction.

Cherry Avenue and Other Roads, Fontana Area
COUNTY OF SAN BERNARDINO | FONTANA, CA
Assistant Engineer. Mr. Ronquillo is assisting the team responsible for providing engineering design services, including preparation of final plans, specifications and cost estimates for the project, which involves pavement rehabilitation to Cherry Avenue and other roads (approximately 14.72 miles) and for the replacement of existing ADA ramps at 42 locations in the Fontana area. NV5 will review the existing topographic to assure new ramps drain properly and identify and address localized drainage issues within the project footprint.

Phelan Road in the Phelan Area
COUNTY OF SAN BERNARDINO | PHELAN, CA
Assistant Engineer. Mr. Ronquillo is assisting the team responsible for providing engineering design services, including the preparation of preliminary and final plans, specifications and estimates, for the design of Phelan Road, Phelan Area.

The project includes pavement rehabilitation and reconstruction on Phelan Road, from State Route 138 east to Los Banos Avenue, new or replacement of existing ADA ramps at 19 locations, and traffic signal installation at Clovis Road in the Phelan area. Services include utility coordination; preparation of legal descriptions and plats; preparation of traffic signing and striping plans and a pedestrian traffic plan; traffic signal modification plans for any ramp locations necessary to provide ADA compliance; environmental services support, including preparation of plans, reports and/or applications for a Stormwater Pollution Prevention Plan; and advertising, bidding and construction support.

Reche Canyon Road and Other Roads, Colton Area
COUNTY OF SAN BERNARDINO | COLTON, CA
Assistant Engineer. Mr. Ronquillo is assisting the team responsible for providing engineering design services, including the preparation of preliminary and final plans, specifications and cost estimates for the project, which involves pavement rehabilitation to Reche Canyon Road and other roads (approximately 7.13 miles) and for the design of new or replacement of existing ADA ramps at 10 locations in the Colton area. NV5’s services also include preparation of legal descriptions and plats; utility coordination; preparation of traffic signing and striping plans and a pedestrian traffic plan; and environmental services support.

Hacienda Avenue Spa Zone Street Improvements
CITY OF DESERT HOT SPRINGS | DESERT HOT SPRINGS, CA
Assistant Engineer. Mr. Ronquillo is assisting the team responsible for providing engineering design services for the City’s Hacienda Avenue Spa Zone Street Improvements project. The improvement project extends from Tamar Drive to the city limits/Long Canyon Road. The purpose of the project is to provide pedestrian and bicycle safety infrastructure improvements. There are currently no bike lanes along this 1.9-mile segment of Hacienda Avenue. The project proposes to construct 10,341 feet of sidewalks, 9,450 square feet of safety medians, 42 ADA ramps, 8,528 feet of buffered bike lanes, 8,872 feet of standard Class II bike lanes, 99 streetlights, 17 crosswalks, and one intersection safety improvement.

The scope of work includes utility coordination; topographic and right-of-way surveys and preparation of base maps, legal descriptions and plats; pavement investigation and recommendations; preparation of preliminary and final plans, specifications and estimates; environmental documentation; and bid and construction support.

QUALIFICATIONS AND EXPERIENCE OF FIRM AND KEY TEAM MEMBERS NV5 | 10 PAGE 65 of 346

QUALIFICATIONS AND EXPERIENCE OF FIRM AND KEY TEAM MEMBERS Current Work Commitments
NV5 and all assigned personnel have the capacity to complete this project for the City. See current work commitments below:
• City of Placentia - FY 2023-24 Streets & Alleys Rehabilitation • City of Placentia - Parking Lot Improvements/EV Charging Stations • City of Desert Hot Springs - Hacienda Avenue Improvements • City of La Canada Flintridge - Foothill Blvd., Verdugo Blvd., and Angeles Crest Highway Landscape Median Improvements • City of Glendale - Various Streets Improvements
NV5 | 11 PAGE 66 of 346
Hawthorne Alley & Grevillea Alley
Improvements
CITY OF LAWNDALE | LAWNDALE, CA
NV5 is preparing the plans, specifications and estimate for the rehabilitation of the alleyways that run parallel to Hawthorne Boulevard and Grevillea Avenue. Improvements include improving alley drainage; grading; removal and replacement of pavement sections; alley concrete gutter; construct and repair curb and sidewalk; and removal of trees and landscaping. Services include schedule and cost estimate and submittal review.

FY 2022-23 Pavement Management Program
Implementation
CITY OF GLENDALE | GLENDALE, CA
NV5 is providing engineering design services for this project.

Improvements include selective removal and repair of concrete curbs and gutters, sidewalks, driveways, cross gutters, catch basins, bus pads, and alley aprons; pavement repairs, including full-depth reconstruction, rubberized asphalt pavement wearing course (ARHM); crack seal; Asphalt Rubber Aggregate Membrane (ARAM); and Slurry Seal Type II; sewer point repairs based on City-provided CCTV videos; utility pull box relocation; storm drain infrastructure analysis and design, including hydrology and hydraulic analysis if needed; installation of survey well monuments; tree plantings, including coordinating with the City for tree species and locations; and review of the City’s Bicycle Master Plan and design of plans according to recommendations.

Residential Alley Improvements
CITY OF SANTA FE SPRINGS | SANTA FE SPRINGS, CA
NV5 is providing engineering design and surveying services for 10 alley segments for the Residential Alley Improvements project.

QUALIFICATIONS AND EXPERIENCE OF FIRM AND KEY TEAM MEMBERS NV5 | 12 PAGE 67 of 346
FY 2023-24 Street Rehabilitation
CITY OF PLACENTIA | PLACENTIA, CA
NV5 is providing engineering design services for the City’s FY 2023- 24 Street Rehabilitation project as part of our on-call contract with the City. The project includes repaving or slurry seal for various streets within the City. In general, the work consists of asphalt overlay, slurry seal; replacement of damaged sidewalk, curb, and gutter; and new signing, striping, markings, and pavement legends.

The work includes the preparation of two bid packages – one for residential/local streets and one for arterial streets. NV5 will prepare storm drain improvement plan for the intersection of Walnut Avenue and Center Street based on the Storm Drain Master Plan Update and prepare preliminary and final bid packages and cost estimates for the project. NV5 will also provide construction support services.

City Hall and Police Station HVAC System
Replacement and Solar Energy Project
CITY OF PLACENTIA | PLACENTIA, CA
NV5 is providing engineering services to review and analyze the City’s energy consumption at City Hall and the Police Station, including existing HVAC and associated mechanical equipment. We will provide recommended improvements to optimize energy efficiency and cost savings as well as climate control within the building, and provide engineered improvement plans and technical specifications for the replacement of the existing HVAC system at the two facilities, along with the installation of a new solar and battery energy system to power the building. NV5 is also preparing civil plans, specifically for the locations designated for the electric vehicle charging stations in the Civic Center parking lot and Police Station parking lot, including paving plans, striping plans, and utility trenching details.

QUALIFICATIONS AND EXPERIENCE OF FIRM AND KEY TEAM MEMBERS Hacienda Avenue Spa Zone Street
Improvements
CITY OF DESERT HOT SPRINGS | DESERT HOT SPRINGS, CA
NV5 is providing engineering design services for this project. The purpose of the project is to provide pedestrian and bicycle safety infrastructure improvements. There are currently no bike lanes along this 1.9-mile segment of Hacienda Avenue. The project proposes to construct 10,341 feet of sidewalks, 9,450 square feet of safety medians, 42 ADA ramps, 8,528 feet of buffered bike lanes, 8,872 feet of standard Class II bike lanes, 99 streetlights, 17 crosswalks, and one intersection safety improvement. The scope of work includes utility coordination; topographic and right-of-way surveys and preparation of base maps, legal descriptions and plats; pavement investigation and recommendations; preparation of preliminary and final plans, specifications and estimates; environmental documentation; and bid and construction support.

NV5 | 13 PAGE 68 of 346
City Hall Parking Lot Improvements
CITY OF COSTA MESA | COSTA MESA, CA
NV5 provided plans, specifications and cost estimates for this project, which consisted of the rehabilitation of the City Hall parking lot. The work includes the removal, cold milling and reconstruction of AC pavement, curb and gutter, sidewalk, ADA-compliant curb ramps, tree trimming and root shaving, installation of root barriers, adjusting sewer manholes and water valves to grade, installation of traffic loop, signing and striping.

Hesse Community Park Parking Lot
Improvements (Phase 1)
CITY OF RANCHO PALOS VERDES | RANCHO PALOS VERDES, CA
NV5 provided engineering design services for the Hesse Community Park Parking Lot Improvements project. The project consisted of the design of concept plans for parking lot pavement improvements and parking lot lighting improvements. Our services included preparation of concept plans and a preliminary cost estimate for the proposed improvements and attending progress and City Council meetings as necessary. Three design concepts were ultimately provided to the City and one was selected by the City Council.

QUALIFICATIONS AND EXPERIENCE OF FIRM AND KEY TEAM MEMBERS Multiple Street Improvements
CITY OF CHINO | CHINO, CA
NV5 provided engineering design and survey services for the 16th, 17th, and 18th Streets, Serene Avenue, and Tangerine Avenue Widening and Improvements project. The project included the reconstruction/grind and overlay of streets, drive approaches, ADA-compliant ramps, curb, gutter and sidewalk, street widening, and ROW legal descriptions and plats. Our services include asbuilt research, investigation, and review; utility research and notification; field survey; plans, specifications and cost estimate; plan interpretation and bidding assistance.

NV5 | 14 PAGE 69 of 346

CITY OF SANTA FE

SPRINGS
Robert Garcia
Public Works CIP Manager
11710 Telegraph Road, Santa Fe
Springs, CA 90670
562.868-0511, ext. 7545
[email protected]
Relevant Project:

Residential Alley Improvements

CITY OF GLENDALE
Yazdan T. Emrani, PE
Director of Public Works
633 E. Broadway Room 209
Glendale, CA 91206
818.548.3900
[email protected]
Relevant Project:

FY 2022-23 Pavement Management
Program Implementation

CITY OF

PLACENTIA
Chris Tanio, PE
Deputy Director of Public Works
401 E. Chapman Ave.,
Placentia, CA 92870
714.993.8132
[email protected]
Relevant Project:

FY 2023-24 Street Rehabilitation

CITY OF LA HABRA HEIGHTS
Rafferty Wooldridge
Assistant City Manager
1245 N. Hacienda Road
La Habra Heights, CA 90631
562.694.6302
[email protected]
Relevant Project:

FY 2022-23 Street Improvements
FY 2021-22 Street Improvements
La Habra Heights Fire Station

CITY OF DESERT HOT

SPRINGS
Michael Garvey
Associate Engineer
11999 Palm Drive, Desert Hot
Springs, CA 92240,
760.329.6411
[email protected]
Relevant Project:

Hacienda Avenue Spa Zone Street
Improvements
References
Provided below are references of clients for whom design engineering services have been performed that are comparable in quality and scope to that specified in this RFP.

REFERENCES
NV5 | 15 PAGE 70 of 346

NV5 | 16 PAGE 71 of 346
Project Understanding
We have reviewed the information provided by the City of San Marino for Design Services for the PS&E for 2023-24 & 2024-25 Alley & Parking Lot Improvement Program. In addition, we have performed a review of the project area to familiarize ourselves with the project goals and requirements. This groundwork provides a comprehensive understanding of anticipated key issues related to the requested professional services and will enable our team to execute the design services promptly and efficiently. We have a thorough understanding of the requested professional services, project requirements and demands. The project includes preparation of plans, specifications, and cost estimates (PS&E) for the alleys and parking lots shown below:

GEOTECHNICAL INVESTIGATION/PAVEMENT CORING
The purpose of our limited geotechnical investigation is to core through the existing pavement to measure pavement thickness and base material.

NV5 | 18 PAGE 73 of 346

FINAL IMPROVEMENT PLANS
Upon City review of the PS&E at the 60% and 90% completion level, we will proceed with the preparation of final PS&E.

PROJECT APPROACH, COORDINATION AND SCHEDULE
NV5 | 19 PAGE 74 of 346
NV5 | 20

PROFESSIONAL DESIGN SERVICES
2023-24 ALLEY AND PARKING LOT IMPROVEMENT PROJECT

DESIGN SCHEDULE
February 28, 2024
* Subject to Change
PAGE 75 of 346

CONFLICT OF INTEREST STATEMENT
NV5 has no relationship with the City that will impact the outcome of this contract. NV5 has no current clients who may have a financial interest in the outcome of this contract or any City construction project that may follow.

NV5 | 21 PAGE 76 of 346

CONTRACT EXCEPTIONS
NV5 has no exceptions to the terms and conditions of the City’s standard Professional Services Agreement contained in Addendum 1 of the RFP. It is assumed there is no required bonding for this project.

NV5 | 22 PAGE 77 of 346

INSURANCE REQUIREMENTS
NV5 | 23 PAGE 78 of 346

SIGNED ADDENDUM
City of San Marino Proposal Due Date: FEBRUARY 28, 2024 3 PM PROJECT NO. 23-0532 ADDENDUM 1 ALLEY AND PARKING LOT IMPROVEMENT PROGRAM __________________________________________________________________________________________________ ADDENDUM 1
ADDENDUM NUMBER 1 TO REQUEST FOR PROPOSALS
Date: February 15, 2024

ALLEY AND PARKING LOT IMPROVEMENT PROGRAM
PROJECT NO. 23-0532
A. This Addendum shall be considered part of the proposal documents for the above-mentioned project as though it had been issued at the same time and shall be incorporated integrally therewith. Where provisions of the following supplementary data differ from those of the original proposal documents, this Addendum shall govern and take precedence. BIDDERS MUST SIGN THE ADDENDUM AND SUBMIT IT WITH THEIR PROPOSALS.

B. Prospective proposers are hereby notified that they shall make any necessary adjustments in their estimates as a result of this Addendum. It will be construed that each proposal is submitted with full knowledge of all modifications and supplemental data specified herein.

Except as described below, the original RFP/RFQ document remains unchanged. The documents are modified and/or clarified as follows:

1. Attachment 4 “Sample Professional Services Agreement” is hereby replaced with the attached Draft Professional Design Services Agreement
Acknowledgement Required On Next Page

PROPOSER MUST ACKNOWLEDGE THIS AMENDMENT BY SIGNING BELOW AND ATTACHING THE SIGNED ADDENDUM TO THE PROPOSAL:

Company Name ______________________________________
Contact Person _______________________________________
Signature ____________________________________________
Date ________________________________________________
Amber Shah, PE
Director of Park and Public Works / City Engineer
City of San Marino
[email protected]
(626) 300-0765
NV5
David Niknafs, PE
2/28/2024
NV5 | 24 PAGE 79 of 346
HOURS $ HOURS $ HOURS $
1 Project Meetings and Coordination 8 $1,760 2 $270 2 $200 $2,230 2 Obtain & Review Record Drawings/As-Built Plans 2 $440 2 $270 2 $200 $910 3 Utility Notification and Coordination 2 $440 4 $540 10 $1,000 $200 $2,180 4 Field Review 4 $880 4 $540 8 $800 $100 $2,320
5 Geotechnical Investigation/Pavement Coring $0 $0 $0 $16,200 6 Prepare Preliminary Plans 28 $6,160 114 $15,390 58 $5,800 $27,350 7 Prepare Final Plans 8 $1,760 24 $3,240 10 $1,000 $6,000 8 Prepare Specifications 4 $880 4 $540 10 $1,000 $2,420 9 Prepare Cost Estimate 4 $880 4 $540 12 $1,200 $2,620
10 Construction Support Services 8 $1,760 4 $540 4 $400 $2,700 Subtotal 68 $14,960 162 $21,870 116 $11,600 $300
Total Fee $64,930
$135

COST PROPOSAL AND FEE SCHEDULE
TASK
NO.

ASSISTANT

ENGINEER WORK DESCRIPTION

PROJECT

REIMBURS
(copies,
mileage,
delivery, etc.)

PROJECT

MANAGER FEE
If additional services outside of the scope of work included herein are requested, such services will be performed on a time and materials basis in addition to the estimated fee.

PAGE 80 of 346
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Cathi Johnson, Community Services Director
DATE: May 8, 2024
SUBJECT: AWARD OF BUS TRANSPORTATION SERVICES

AGREEEMENT TO MISSION SCHOOL TRANSPORTATION,
INC. IN THE AMOUNT OF $42,500

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Safe Community

BACKGROUND
The Community Services Department offers summer camps in which participants go on weekly field trips and frequently visit the San Marino High School pool. The Department utilizes a professional bus transportation company to get the participants and staff safely to and from each location.

In order to ensure that the Department is receiving the best service and price, a request for proposal (RFP) was developed. The RFP was posted on the City’s website on March 7 and closed on March 28 at 5 PM. In addition, the RFP was emailed directly to eight vendors.

DISCUSSION
In the three weeks that the RFP was open, two bids were received from Mission School Transportation, Inc. and First Student, Inc. After carefully reviewing the two vendors’ qualifications, experience, and understanding of the scope of work, they were both deemed qualified. However, Mission School Transportation, Inc. offers lower pricing than First Student, Inc. and has a wider breadth of experience working with municipalities.

Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
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The total cost of the proposal by First Student was submitted at $50,525 compared to Mission School Transportation’s proposal of $42,340.

Mission School Transportation, Inc. comes highly recommended from its references and has prior experience working for the City of San Marino as the City’s current transportation provider. Therefore, the Department recommends awarding the bus transportation services agreement to Mission School Transportation, Inc.

FISCAL IMPACT & PROCUREMENT REVIEW
The City plans on funding the cost of transportation with Proposition A funds received from the Metropolitan Transportation Authority (MTA, “Metro”). The FY 2024-25 proposed budget includes $42,500 in Account No. 207-62-4208- 0000, Bus Transportation, to cover the transportation costs.

The Interim Finance Director has reviewed this report and determined this is in accordance with S.M.C.C. 02.06.05.B.2.

LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.

RECOMMENDATION
Staff recommends the Council award the bus transportation services agreement to Mission School Transportation, Inc. If the City Council concurs with Staff’s recommendation, an appropriate motion would be:
“I move to award a Vendor Agreement to Mission School Transportation, Inc., in the amount of $42,500 for youth related bus transportation services, with the City Manager being authorized to execute the agreement on behalf of the City, as well as four one-year contract extensions subject to satisfactory performance.”

ATTACHMENTS

1. Vendor Agreement

2. RFP For Transportation Services

3. MST Proposal for Transportation Services
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Rev. 3/2023 Page 1 of 17 Vendor Agreement for
One Time Service

VENDOR AGREEMENT FOR ONE TIME SERVICE
between
The City of San Marino
2200 Huntington Drive
San Marino, CA 91108
&
Mission School Transportation, Inc.
201 West Sotello Street
Los Angeles, CA 90012
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AGREEMENT FOR VENDOR SERVICES WITH MISSION SCHOOL
TRANSPORTATION, INC.

This AGREEMENT (“AGREEMENT”) is made and entered into as of July 1, 2024 (the “Effective Date”), by and between the City of San Marino, a municipal corporation (“CITY”), and Mission School Transportation, Inc. (“VENDOR”).

RECITALS:

CITY wishes to retain the services of an experienced and qualified VENDOR to provide transportation services as described in the Request for Proposal attached hereto as Exhibit “A”.

VENDOR represents and warrants that it is qualified to perform those services.

AGREEMENT:

I. SERVICES TO BE PERFORMED BY VENDOR
VENDOR will provide the services listed in the Request for Proposal attached hereto as Exhibit A, and VENDOR’s Proposal attached hereto as Exhibit B.

VENDOR warrants that all work and services described therein will be performed in a competent, professional and satisfactory manner.

II. LICENSES; STANDARD OF CARE
A. VENDOR represents and agrees that all personnel engaged by VENDOR in performing services are and shall be fully qualified and are authorized or permitted under state and local law to perform such services. VENDOR represents and warrants to CITY that it has all licenses, permits, qualifications, and approvals required of its profession to provide the services and work required to be performed by this AGREEMENT. VENDOR further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this AGREEMENT.

B. VENDOR shall perform the services under this AGREEMENT in a skillful and competent manner. VENDOR shall be responsible to CITY for any errors or omissions in the performance of work pursuant to this AGREEMENT.

Should any errors caused by VENDOR be found in such services or products, VENDOR shall correct such errors at no cost to the CITY.

III. TERM
Unless earlier terminated in accordance with Paragraph 5 below, the AGREEMENT will continue in full force and effect from the Effective Date through PAGE 84 of 346
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June 30, 2025. Upon mutual written AGREEMENT, the term of this AGREEMENT can be extended annually for up to four (4) additional one (1) year periods.

IV. COMPENSATION
A. Vendor’s Fee
For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B, provided, however, that in no event will the total amount of money paid the VENDOR, for services initially contemplated by this AGREEMENT, exceed the sum of $42,500.00 (“Agreement Sum”), unless otherwise first approved in writing by CITY. Should this AGREEMENT be renewed, the VENDOR’s fee may be adjusted upon the written agreement of the parties; however, at no time will any annual price increase exceed the Consumer Price Index (CPI) over the last 12 months based on the latest data available at the time of the contract extension as published by the U.S. Bureau of Labor Statistics (www.bls.gov) for Transportation in Los Angeles-Long Beach-Anaheim, CA, all urban consumers, not seasonally adjusted published Consumer Price Index (CPI).

B. Schedule of Payment
Provided the VENDOR is not in default under the terms of this AGREEMENT, upon presentation of an invoice, VENDOR will be paid the undisputed fees described in Paragraph 4.A. above, according to the Compensation Schedule. Payment will be due within thirty (30) days after the date of the invoice. CITY will not withhold any applicable federal or state payroll and other required taxes, or other required or authorized deductions from payments made to VENDOR.

V. TERMINATION OF AGREEMENT
A. The CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by giving written notice to VENDOR at least five (5) calendar days before the termination or suspension is to be effective. Upon receipt of said notice, the VENDOR shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If the CITY suspends or terminates a portion of this AGREEMENT, such suspension or 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 CITY shall pay VENDOR for all services satisfactorily rendered through the last working day this AGREEMENT is in effect; providing that in no PAGE 85 of 346
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event, including but not limited to termination, shall VENDOR be entitled to receive more than the Agreement Sum set forth in paragraph 4. Upon termination of the AGREEMENT pursuant to this Section, the VENDOR will submit an invoice to the CITY pursuant to Section 4. Neither party shall have any other claim against the other party by reason of termination pursuant to this paragraph 5.

VI. FORCE MAJEURE
If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused for a period equal to the period of such cause for failure to perform.

VII. RETENTION OF FUNDS
VENDOR authorizes CITY to deduct from any amount payable to VENDOR (whether or not arising out of this AGREEMENT) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of VENDOR’s acts or omissions in performing or failing to perform VENDOR’s obligations under this AGREEMENT.

In the event that any claim is made by a third party, the amount or validity of which is disputed by VENDOR, or any indebtedness exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of VENDOR to insure, indemnify, and protect CITY as elsewhere provided in this AGREEMENT.

VIII. CITY REPRESENTATIVE
City Manager is designated as the “CITY Representative”, authorized to act in its behalf with respect to the work and services specified in this AGREEMENT and to make all decisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are required by CITY under this AGREEMENT, those actions will be taken by the CITY Representative, unless otherwise stated. The CITY’s City Manager has the right to designate another CITY Representative at any time, by providing notice to VENDOR.

IX. VENDOR REPRESENTATIVE(S)
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The following principal(s) of VENDOR are designated as being the principal(s) and representative(s) of VENDOR authorized to act in its behalf with respect to the work specified in this AGREEMENT and make all decisions in connection with this AGREEMENT:

James Lasky, Director of Business Development
X. INDEPENDENT CONTRACTOR
A. VENDOR is an independent contractor and not an employee of CITY. All services provided pursuant to this AGREEMENT shall be performed by VENDOR or under its supervision. VENDOR will determine the means, methods, and details of performing the services. Any additional personnel performing services under this AGREEMENT on behalf of VENDOR shall also not be employees of CITY and shall at all times be under VENDOR’s exclusive direction and control. VENDOR shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this AGREEMENT and as required by law. VENDOR shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

B. VENDOR shall indemnify and hold harmless CITY and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from VENDOR’s personnel practices. CITY shall have the right to offset against the amount of any fees due to VENDOR under this AGREEMENT any amount due to CITY from VENDOR as a result of VENDOR’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Section. All duties of VENDOR under this Section shall survive termination of this AGREEMENT.

C. In the event that VENDOR provides any of the services by or through any employee or any person whose work under this AGREEMENT becomes cause for any payment or contribution required by law, including but not limited to the California Public Employees' Pension Reform Act (PEPRA), to the Public Employee Retirement System, VENDOR shall be solely responsible for all such payments or contributions. VENDOR shall indemnify and hold harmless CITY and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of CITY officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from VENDOR’s failure to make any such payment or contribution. CITY shall have the right to offset against the amount of any fees due to VENDOR under PAGE 87 of 346
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this AGREEMENT any amount due to CITY from VENDOR as a result of VENDOR’s failure to promptly pay to CITY any reimbursement or indemnification arising under this section. All duties of VENDOR under this Section shall survive termination of this AGREEMENT.

XI. BUSINESS LICENSE
The VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.

XII. OTHER LICENSES AND PERMITS
VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT.

XIII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS Records of the VENDOR’s time pertaining to the project, and records of accounts between CITY and the VENDOR, will be kept on a generally recognized accounting basis. VENDOR will also maintain all other records, including without limitation specifications, drawings, progress reports and the like, relating to the project. All records will be available to CITY during normal working hours.

VENDOR will maintain these records for three (3) years after final payment.

XIV. INDEMNIFICATION
Vendor shall indemnify, defend, and hold harmless the CITY, and its officers, employees, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable attorney’s fees and costs of litigation (“claims”), arising out of the Vendor’s performance of its obligations under this agreement or out of the operations conducted by Vendor, including the CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY. In the event the CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Vendor’s performance of this Agreement, the Vendor shall provide a defense to the CITY Indemnitees or at the CITY’s option reimburse the CITY Indemnitees their costs of defense, including reasonable attorney’s fees, incurred in defense of such claims.

Payment by CITY is not a condition precedent to enforcement of this indemnity.

In the event of any dispute between Vendor and CITY, as to whether liability arises from the sole negligence or willful misconduct of the CITY or its officers, employees, or agents, Vendor will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating the CITY as solely negligent or to have acted with willful misconduct. Vendor will not be entitled in PAGE 88 of 346
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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.

XV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of CITY will be personally liable to VENDOR, in the event of any default or breach by the CITY or for any amount that may become due to VENDOR under this Agreement.

XVI. INSURANCE
Without limiting VENDOR’s indemnification of CITY, and prior to commencement of Work, VENDOR 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 that is satisfactory to CITY.

General liability insurance. VENDOR 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, $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. VENDOR 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 VENDOR 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 $10,000,000 combined single limit for each accident.

Umbrella or excess liability insurance. VENDOR 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; Should Vendor obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s PAGE 89 of 346
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liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

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

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

Sexual Abuse/Molestation Insurance. VENDOR shall procure and maintain sexual abuse/molestation liability coverage with limits of not less than $1,000,000 per occurrence and $2,000,000 general aggregate. Coverage may be provided as part of commercial general liability coverage, professional liability coverage, or as a separate policy.

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

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Other provisions or requirements
Proof of insurance. Vendor shall provide certificates of insurance and required endorsements to CITY as evidence of the insurance coverage required herein.

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

Duration of coverage. Vendor 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 Vendor, their agents, representatives, employees, or subconsultants.

Primary/non-contributing. Coverage provided by VENDOR shall be primary and any insurance or self-insurance procured or maintained by CITY 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 CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

CITY’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, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by VENDOR or CITY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, CITY 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 CITY’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow VENDOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. VENDOR PAGE 91 of 346
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hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). VENDOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform VENDOR of non-compliance with any requirement imposes no additional obligations on the CITY 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 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 VENDOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

Notice of cancellation. VENDOR agrees to oblige its insurance agent or broker and insurers to provide to CITY 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 Vendor’s insurers are unwilling to provide such notice, then Vendor shall have the responsibility of notifying the CITY immediately in the event of Vendor’s failure to renew any of the required insurance coverages or insurer’s cancellation or nonrenewal.

Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that CITY 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 CITY and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that VENDOR’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.

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Pass through clause. Vendor agrees to ensure that its subconsultants, subcontractors, and any other party who is brought into or involved in the services by Vendor (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Vendor. Vendor 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 Vendor’s Subcontractor cannot comply with this requirement, which proof must be submitted to the CITY, Vendor may still be able to utilize the Subcontractor provided Vendor 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 Vendor, but in all other terms consistent with the Vendor’s requirements under this Agreement. This provision does not relieve the Vendor 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 Vendor 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 Vendor under this Agreement given the limited scope of work or services provided by the Subcontractor. Vendor agrees that upon request, all agreements with Subcontractors, and others engaged in the services, will be submitted to CITY for review.

CITY’s right to revise specifications. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the VENDOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the VENDOR, the CITY and VENDOR may renegotiate VENDOR’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY 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. VENDOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from VENDOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. VENDOR 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.

XVII. SUBCONTRACTORS
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Before VENDOR retains or hires a subcontractor to provide any work, labor, or services relative to this AGREEMENT, VENDOR must:

A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to CITY;
B. Present to the CITY the form of subcontract that will be used with the subcontractor for CITY’s approval, which approval will not be unreasonably withheld. Such subcontract AGREEMENT must include an indemnity agreement that is generally in accord with the indemnity obligations contained in Paragraph 14 of this AGREEMENT and must specifically name the CITY as an indemnified party; and C. Secure from the subcontractor evidence of insurance coverage that meets with this AGREEMENT including naming the CITY as an additional insured as required by this AGREEMENT, unless such requirement is waived in writing by the CITY Risk Manager as provided in Paragraph 18 below.

XVIII. CONFLICT OF INTEREST
No officer or employee of the CITY may have any financial interest, direct or indirect, in this AGREEMENT, nor may any officer or employee participate in any decision relating to the AGREEMENT that effects the officer or employee’s financial interest or the financial interest of any corporation, partnership or association in which the officer or employee is, directly or indirectly interested, in violation of any law, rule or regulation.

No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.

XIX. NOTICE
All notices, requests, demands, or other communications permitted or required under this AGREEMENT shall be in writing. Notice will be sufficiently given for all purposes as follows:

A. Personal delivery. When personally delivered to the recipient; notice is effective on delivery.

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B. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice; notice is effective three mail delivery days after deposit in an United States Postal Service office or mailbox.

C. Certified mail. When mailed certified mail, return receipt requested; notice is effective on receipt, if delivery is confirmed by a return receipt.

D. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account; notice is effective on delivery, if delivery is confirmed by the delivery service.

E. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice; notice is effective on receipt.

Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non-business day.

Addresses for purpose of giving notice are as follows:

To CITY: City of San Marino
2200 Huntington Drive
San Marino, California 91108
Attention: City Manager
To VENDOR: Mission School Transportation, Inc.
201 Sotello Street
Los Angeles, CA 90012
Attention: James Lasky
F. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.

G. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this AGREEMENT.

Any change in address or fax number that is not provided to the other party will not void delivery of any notice under this AGREEMENT, and delivery to the last known address or fax number shall be deemed sufficient for notice under this AGREEMENT.

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XX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
This AGREEMENT and all exhibits are binding on the heirs, successors, and assigns of the parties. The AGREEMENT may not be assigned or subcontracted by either CITY or VENDOR without the prior written consent of the other.

XXI. INTEGRATION; AMENDMENT
This AGREEMENT represents the entire understanding of CITY and VENDOR as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this AGREEMENT. The AGREEMENT may not be modified or altered except in writing signed by both parties.

XXII. INTERPRETATION
The terms of this AGREEMENT should be construed in accordance with the meaning of the language used and should not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction that might otherwise apply.

XXIII. SEVERABILITY
If any part of this AGREEMENT is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the AGREEMENT will remain in full force and effect.

XXIV. TIME OF ESSENCE
Time is of the essence in the performance of this AGREEMENT.

XXV. GOVERNING LAW; JURISDICTION
This AGREEMENT will be administered and interpreted under the laws of the State of California. Jurisdiction of any litigation arising from the AGREEMENT will be in a court of competent jurisdiction within the county in which CITY is located.

XXVI. COMPLIANCE WITH STATUTES AND REGULATIONS
VENDOR will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders.

XXVII. WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default will impair the right or remedy or be construed as a waiver.

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A party’s consent or approval of any act by the other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this AGREEMENT.

XXVIII. ATTORNEY’S FEES
If either party commences any legal, administrative, or other action against the other party arising out of or in connection with this AGREEMENT, the prevailing party in such action shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith.

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XXIX. EXHIBITS
Each exhibits referenced in this AGREEMENT are hereby incorporated into the AGREEMENT as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this AGREEMENT, the terms of this AGREEMENT shall control over the CITY’s Request for Proposal, which shall govern over the terms of VENDOR’s Proposal.

XXX. VENDOR’S AUTHORITY TO EXECUTE
The persons executing this AGREEMENT on behalf of the VENDOR warrant that (i) the VENDOR is duly organized and existing under the appropriate State laws; (ii) they are duly authorized to execute this AGREEMENT on behalf of the VENDOR; (iii) by so executing this AGREEMENT, the VENDOR is formally bound to the provisions of this AGREEMENT; and (iv) the entering into this AGREEMENT does not violate any provision of any other AGREEMENT to which the VENDOR is bound.

VENDOR: Mission School Transportation, Inc.

By:
(Signature)

(Typed Name)
(Title)
CITY: City of San Marino
A Municipal Corporation APPROVED AS TO FORM:
___________________________ By: ___________________________ Philippe Eskandar CITY Attorney
City Manager
ATTEST:
___________________
CITY Clerk
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Attachments: Exhibit A Request for Proposal
Exhibit B Proposal
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CITY OF SAN MARINO

REQUEST FOR PROPOSALS

FOR TRANSPORTATION SERVICES
Proposals Due No Later Than 5 PM, Thursday, March 28, 2024 Submit Proposals To:

City of San Marino
Community Services Department
Attention: Eddie Covarrubias, Recreation Manager
Subject: Transportation Services RFP
1800 Huntington Drive, San Marino, California 91108-2639 [email protected]
RFP Issued on March 7, 2024
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CITY OF SAN MARINO

REQUEST FOR PROPOSALS FOR

TRANSPORTATION SERVICES
I. OVERVIEW
The City of San Marino is accepting proposals from qualified vendors having professional experience in providing transportation services for students and children to and from schools, summer programs, field trips, and classes. The selected vendor will be responsible for providing the Community Services Department, Recreation Division with excellent transportation services for youth-related programs. The contract will entail an initial one-year term starting on July 1, 2024, with the option to renew the contract annually for up to four (4) additional years.

II. BACKGROUND
The City of San Marino is a full-service general law city with a small suburban residential community in the western part of the San Gabriel Valley. The City was incorporated in 1913 and operates under the Council-Manager form of government. San Marino has approximately 100 full-time employees, distributed among the following departments: City Manager’s Office, Community Development, Community Services (Recreation and Library), Finance (including Human Resources), Fire, Parks & Public Works, and Police.

Residents takes great pride in what the City offers, from outstanding municipal services to a top-ranking school district. One of the key factors for why families move into San Marino is the excellent quality of life which includes Lacy Park, public safety, and community services.

The Recreation Division requires transportation for summer day camps and field trips. Under the supervision of experienced Recreation staff and the professional transportation services of the qualified vendor, students are transferred to and from summer programs and field trips.

Recreation staff carefully coordinate the schedules with the transportation vendor. Because the majority of participants served are San Marino residents, special attention is paid to San Marino Unified School District calendar.

III. RFP SCHEDULE
The RFP schedule is summarized below:

Issuance of RFP March 7, 2024
Last day to accept questions and requests for clarifications on the RFP March 21, 2024, 5 PM Vendor submittals due March 28, 2024, 5 PM
Vendor reference checks Week of April 1, 2024
Vendor approval, enter negotiations, execute a vendor agreement May 8, 2024 IV. SCOPE OF SERVICES
The City of San Marino is requesting transportation services for youth summer day camps and field trips.

Route stops for each may include the following:
 San Marino High School – 2701 Huntington Drive
 Lacy Park – 1485 Virginia Road
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Transportation schedules are subject to change depending on changes in school schedules, program needs, and unforeseen health & safety or other impacts.
a. Summer Day Camp
One (1) passenger bus to provide transportation for up to seventy-two (72) children and/or adults to and from the locations listed above from June through early / mid-August. Trips will be conducted Monday, Wednesday, and Friday.

Bus Services: 26 Working Days (Summer 2024)
Daily Schedule (Subject to Change) – June through early / mid-August  Mondays from 10:45 AM – 4:30 PM
 Wednesdays from 10:45 AM – 4:30 PM
 Fridays from 1:30 PM – 4:30 PM
b. Weekly Field Trips
Unless otherwise stated, every Thursday from 1 – 6 PM during the months of June – August, field trips are scheduled. Field trips are tentative and will be scheduled on an as needed basis. For purposes of providing a quote, please estimate on a maximum of twenty (20) field trips. Charges will be assessed based on field trips taken. There may be some Thursdays where multiple buses will be scheduled.

One (1) passenger bus to provide transportation for up to seventy-two (72) children and/or adults to and from destination with a maximum of ten (10) field trips between June – August. Eight (8) field trips average ten (10) miles round trip and two (2) field trips average one hundred (100) miles round trip.

One (1) passenger bus to provide transportation for up to forty (40) children and/or adults to and from destination with a maximum of ten (10) field trips between June – August. Nine (9) field trips average ten (10) miles round trip and one (1) field trip averages one hundred (100) miles round trip.

V. PROPOSAL FORMAT
The City of San Marino will evaluate vendor experience, qualifications, and capabilities for providing excellent transportation services for youth-related programs. Vendors are required to submit a written narrative corresponding to each of the underlined section items. Emphasis should be on completeness and clarity of content.

Executive Summary
 In no more than four (4) pages, provide an overview and summary of how the vendor will assist the City of San Marino in reaching the needs and goals of providing excellent and reliable transportation services for youth-related programs.

Background and Experience
 Provide a detailed description of the vendor’s background and experience, with a particular focus on similar work for other local governments, including areas such as:
o Vendor overview and history
 Number of years the vendor been in business
 Number of current employees
 Location of headquarters and branches
o Capabilities of vendor - Why should your vendor be chosen? PAGE 102 of 346
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o Number of clients currently utilizing the vendor’s transportation services and average length of time that clients have contracted for said services o Number of open lawsuits, if any
Service Team
 Provide information on each member that would be assigned to the City of San Marino, including:
o Name, title, role (e.g., service management, training, deliverance), education, and years of experience
Experience and References
 Provide three (3) municipality and/or other government entity customers involving similar transportation services. Include the entity name, address, contact name, telephone number, and email address for each reference. Your references must have been assigned the same service management team that would be assigned to the City of San Marino.

Contact Person
 Identify a member authorized to be a contact person for communication and inquiries from the City. The individual must be, within reasonable limitations, accessible to the City staff during regular business hours.

Proposal Price Sheet
 Complete the Proposal Price Sheet (Exhibit A) to include the hourly rate and maximum charge for each of the outlined tasks. Upon mutual written agreement, the term of the Agreement can be extended annually for up to four (4) additional one (1) year periods. Negotiated annual price increases may be allowed, however, at no time will any annual price increase exceed the Consumer Price Index (CPI) over the last 12 months based on the latest data available at the time of the contract extension as published by the U.S. Bureau of Labor Statistics (www.bls.gov) for Transportation in Los Angeles-Long Beach-Anaheim, CA, all urban consumers, not seasonally adjusted published Consumer Price Index (CPI)
 Certify that the person signing the proposal is entitled to represent the vendor, empowered to submit the bid, and authorized to sign a contract with the City of San Marino  Certify that the vendor can comply with the requirements of the City’s standard Vendor Agreement and insurance requirements
VI. STAFFING, VEHICLE, AND SAFETY REQUIREMENTS
Staff Requirements
The vendor shall comply with all federal, state, and local regulations to include, but not limited to:

FMSCA/DOT, ADA, California DMV, and Cal/OSHA. Drivers employed with the vendor must have previous experience in providing transportation services, must have a valid California Class B driver’s license with Passenger Endorsement, and shall comply with the following:
 Drivers shall have no revocations of their driver’s license in the past five (5) years.  Drivers shall have no moving violations or accidents in the past three (3) years.  Drivers shall be a minimum of 21 years of age
 Drivers shall not use alcohol or drugs while on duty and shall not abuse such at any time.  Drivers shall not smoke while on duty or in the presence of clients.  Drivers shall have an appropriate class license.
 Drivers shall be School Pupil Activity Bus (SPAB) certified.  Drivers shall adhere to all FMCSA/DOT/DMV passenger safety requirements.

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Vehicle Requirements
The vendor’s vehicle must be capable of transporting a maximum of seventy-two (72) passengers at one time. The vehicle must be equipped with properly working heating and air conditioning and accessible seat belts for all passengers. In addition, the vehicle must have the ability to meet the requirements of the Americans with Disabilities Act (ADA). The vendor must have a current and valid transportation business registration, licenses, and permits as required by law at the time of proposal submission and must remain valid for the entirety of the contract period. Please include the number of buses in your fleet along with the year, make, and model of vehicles. Buses must be certified under School Pupil Activity Bus (SPAB) program through the California Highway Patrol. Adequate camera recording systems throughout busses are highly desirable.

VII. SUBMITTAL REQUIREMENTS
The deadline for questions is March 21, 2024, 5 PM (PST). All questions and their respective responses will be posted on the City of San Marino’s official website within two (2) working days from the day they are received. Questions will be accepted via email to:

Eddie Covarrubias, Recreation Manager, Community Services Department [email protected]
Subject: “RFP TRANSPORTATION SERVICES QUESTION”
The deadline for RFP responses is March 28, 2024, 5 PM (PST). Submissions will be accepted via email and must be submitted electronically before the deadline. Please submit a single PDF document via email to:

Eddie Covarrubias, Recreation Manager, Community Services Department [email protected]
Subject: “RFP TRANSPORTATION SERVICES – [VENDOR NAME].” Submittals not received on or before the specified deadline stated above will not be accepted (no exceptions). The City reserves the right to request follow-up information or clarification from vendors in consideration. Vendor is responsible to ensure delivery by the date and time included.

VIII. REVIEW AND SELECTION PROCESS
Evaluation Criteria
Responses to this RFP will help the City of San Marino identify the most qualified vendor and will be indicative of the level of the vendor’s commitment. The City’s standard vendor agreement is included in this RFP as Exhibit B and the selected vendor is expected to accept the terms of the agreement. The vendor is also expected to honor their quoted pricing for a period no less than one hundred and twenty (120) days following the close of the bidding period. If the vendor has concerns pertaining to the agreement or these terms, the vendor may write their concerns and include this as part of their submittal. The contract will entail an initial one-year term starting on July 1, 2024, with the option to renew the contract annually for up to four (4) additional years. The City will evaluate the qualifications, references, and ability to address the needs of the City of San Marino, as well as take into consideration the proposed scope and pricing submitted to determine the most qualified vendor.

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Process
The selection process will involve the following phases:

Phase 1:

City review team will evaluate vendor submittals. The initial review will determine conformance to submission requirements and whether responses meet minimum criteria established. Review will include the vendor's acceptance of RFP terms and completeness of submissions.

Phase 2:

City review team will check references given.

Phase 3:

The vendor deemed best qualified will be recommended for contract award. If the cost is $30,000 or more, the contract will be considered for approval at a public City Council meeting. If it is under $30,000, the City Manager will be able to execute the contract.

IX. TERMS AND CONDITIONS
Proposal Preparation Costs
The City is not, nor shall be deemed, liable for any costs incurred by the vendor in the preparation, submittal, or presentation of their proposals.

Method of Billing
Invoices for services provided are to be submitted to the City on a monthly basis with a description distinguishing actual services that were rendered and the amount of the billing for the month. Invoices are due within thirty (30) days of the end of the service month. Payments will be made within thirty (30) days of receipt of the invoices.

Reservation of Rights
This RFP does not commit or obligate the City of San Marino to accept or execute an agreement for any expressed or implied service. The City reserves the right to:
 Reject any and all proposals received and to accept or reject any item(s) herein.  Take all proposals under advisement for up to one hundred and twenty (120) days after opening.  Waive any informality on any proposal.
 Be the sole judge of the relative merits of the material mentioned in the respective proposal received.
 Request any vendor submitting a proposal to clarify its proposal during the selection phase.  Negotiate the service schedule and reasonable costs with the selected vendor.  Modify or alter any requirements herein, and issue addenda or amendments to this RFP.  Terminate this RFP process at any time.

Acceptance of Conditions
It is the vendor’s responsibility to examine the scope of the proposed work to fully acquaint themselves with the specifications and the nature of the work to be accomplished. Vendors shall have no claim against the City based upon ignorance of the nature and requirements of the services provided, misapprehension of the work environment, or misunderstanding of the specification or agreement provisions. By submitting a proposal, each vendor expressly agrees to and accepts the following conditions:
 Proposal and compensation rate shall be valid and binding for one hundred and twenty (120) days following the proposal due date and will become part of the Agreement that is negotiated with the City.

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 The City reserves the right to request further information from the vendor, either in writing or orally, to establish any stated qualifications.
 The City reserves the right to solely judge the vendor’s representations, and to solely determine whether the vendor is qualified to undertake these services pursuant to the criteria set forth herein. The vendor, by submitting a proposal, expressly acknowledges and agrees that the judgment of the City as to whether or not the vendor is qualified to perform these services shall be binding, final, and conclusive.

Proposal Inclusions
The Request for Proposals documents shall be submitted in their entirety, with all applicable portions fully completed by the vendor. All vendors are encouraged to review and confirm that their proposal includes and specifically addresses all of the proposal requirements prior to submitting as outlined elsewhere in this document.

Withdrawal of Proposal Before Closing
Any vendor may request the withdrawal of their submitted proposal by written request at any time prior to the scheduled closing date and time. Upon receiving written request to withdraw any proposal, the City will consider the proposal null and void. Withdrawal of proposal will not impact vendor’s resubmittal for this or any future proposal(s).

Professional Licensing
The professional services provider shall possess any necessary professional certification(s) and/or license(s) relative to the work to be performed required by an appropriate licensing authority of the State of California and shall provide evidence of such to the City with their proposal or prior to commencement of the work in such a form as the City shall require.

Insurance Requirement
The vendor shall, at its own expense, 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 performance of the Agreement by the consultants, its agent, representatives, or employees. The vendor shall not assign, transfer, or subcontract any of its rights, burdens, duties, or obligations. Only affiliates of the parent company may be permitted to provide services with written consent from the City.

See Exhibit C for specific insurance requirements and provisions.

Public Record
Be advised that all information contained in proposals submitted in response to this solicitation shall become a matter of public record upon contract award, and made available upon request, unless otherwise marked. The vendor must identify, in writing, all copyrighted material, trade secrets, or other proprietary information the vendor claims are exempt from disclosure pursuant to the California Public Records Act.

The vendor who claims such an exemption must also state in the proposal that:
“The vendor agrees to indemnify and hold harmless the City and its officers, employees, and agents from any claims, liability, or damages against the City and to defend any actions brought against the City for its refusal to disclose such material, trade secrets, or other proprietary information to any party.”
Equal Opportunity
The City of San Marino requires all vendors to comply with equal opportunity policies.

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Independent Contractor
The vendor will be an independent contractor. All persons employed by an organization in accordance with an Agreement resulting from this RFP will be employees of the organization and not of the City of San Marino.

X. EXHIBITS
Exhibit A – Proposal Price Sheet
Exhibit B – Vendor Agreement
Exhibit C – Insurance Requirements
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EXHIBIT A – PROPOSAL PRICE SHEET
Name of Company:

Address:

Business Phone:

RFP Contact Person:

Title:

Business Phone: Email Address: ________________________ Person Submitting Bid (if different):

Title:

Signature of Person Submitting Bid:

Contract Pricing
Summer Day Camps/Field Trips
Total Cost:

Hourly Rate: OR Daily Rate:

Excess Hourly Rate:

The rate for “additional transportation services” beyond the Scope of Work detailed in this RFP.

Additional transportation services are not guarantee. Based on a passenger bus capable of transporting an average of sixty (60) passengers at one time. If hourly rate varies for weekends or after hour time frames, please include all varied per hour rates.

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EXHIBIT B

VENDOR AGREEMENT FOR ONE TIME SERVICE
between
The City of San Marino
2200 Huntington Drive
San Marino, CA 91108
&
[VENDOR NAME]
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AGREEMENT FOR VENDOR SERVICES WITH [VENDOR NAME]
This AGREEMENT (“AGREEMENT”) is made and entered into as of July 1, 2024 (the “Effective Date”), by and between the City of San Marino, a municipal corporation (“CITY”), and [VENDOR NAME] (“VENDOR”).

RECITALS:

CITY wishes to retain the services of an experienced and qualified VENDOR to provide transportation services as described in the Request for Proposal attached hereto as Exhibit “A”.

VENDOR represents and warrants that it is qualified to perform those services.

AGREEMENT:

I. SERVICES TO BE PERFORMED BY VENDOR
VENDOR will provide the services listed in the Request for Proposal attached hereto as Exhibit A, and VENDOR’s Proposal attached hereto as Exhibit B.

VENDOR warrants that all work and services described therein will be performed in a competent, professional and satisfactory manner.

Should any errors caused by VENDOR be found in such services or products, VENDOR shall correct such errors at no cost to the CITY.

III. TERM
Unless earlier terminated in accordance with Paragraph 5 below, the AGREEMENT will continue in full force and effect from the Effective Date through PAGE 110 of 346
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June 30, 2025. Upon mutual written AGREEMENT, the term of this AGREEMENT can be extended annually for up to four (4) additional one (1) year periods.

IV. COMPENSATION
A. Vendor’s Fee
For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B, provided, however, that in no event will the total amount of money paid the VENDOR, for services initially contemplated by this AGREEMENT, exceed the sum of [Insert amount] ($__.00) (“Agreement Sum”), unless otherwise first approved in writing by CITY. Should this AGREEMENT be renewed, the VENDOR’s fee may be adjusted upon the written agreement of the parties; however, at no time will any annual price increase exceed the Consumer Price Index (CPI) over the last 12 months based on the latest data available at the time of the contract extension as published by the U.S. Bureau of Labor Statistics (www.bls.gov) for Transportation in Los Angeles-Long Beach-Anaheim, CA, all urban consumers, not seasonally adjusted published Consumer Price Index (CPI).

B. In the event this AGREEMENT is terminated pursuant to this Section, the CITY shall pay VENDOR for all services satisfactorily rendered through PAGE 111 of 346
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the last working day this AGREEMENT is in effect; providing that in no event, including but not limited to termination, shall VENDOR be entitled to receive more than the Agreement Sum set forth in paragraph 4. Upon termination of the AGREEMENT pursuant to this Section, the VENDOR will submit an invoice to the CITY pursuant to Section 4. Neither party shall have any other claim against the other party by reason of termination pursuant to this paragraph 5.

IX. VENDOR REPRESENTATIVE(S)
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The following principal(s) of VENDOR are designated as being the principal(s) and representative(s) of VENDOR authorized to act in its behalf with respect to the work specified in this AGREEMENT and make all decisions in connection with this AGREEMENT:
[Insert representative(s)]
X. INDEPENDENT CONTRACTOR
A. VENDOR is an independent contractor and not an employee of CITY. All services provided pursuant to this AGREEMENT shall be performed by VENDOR or under its supervision. VENDOR will determine the means, methods, and details of performing the services. Any additional personnel performing services under this AGREEMENT on behalf of VENDOR shall also not be employees of CITY and shall at all times be under VENDOR’s exclusive direction and control. VENDOR shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this AGREEMENT and as required by law. VENDOR shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

C. In the event that VENDOR provides any of the services by or through any employee or any person whose work under this AGREEMENT becomes cause for any payment or contribution required by law, including but not limited to the California Public Employees' Pension Reform Act (PEPRA), to the Public Employee Retirement System, VENDOR shall be solely responsible for all such payments or contributions. VENDOR shall indemnify and hold harmless CITY and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of CITY officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from VENDOR’s failure to make any such payment or contribution. CITY shall have the right to offset against the amount of any fees due to VENDOR under PAGE 113 of 346
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this AGREEMENT any amount due to CITY from VENDOR as a result of VENDOR’s failure to promptly pay to CITY any reimbursement or indemnification arising under this section. All duties of VENDOR under this Section shall survive termination of this AGREEMENT.

XI. BUSINESS LICENSE
The VENDOR must obtain an CITY business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.

XII. OTHER LICENSES AND PERMITS
VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT.

VENDOR will maintain these records for three (3) years after final payment.

Payment by CITY is not a condition precedent to enforcement of this indemnity.

In the event of any dispute between Vendor and CITY, as to whether liability arises from the sole negligence or willful misconduct of the CITY or its officers, employees, or agents, Vendor will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating the CITY as solely negligent or to have acted with willful misconduct. Vendor will not be entitled in PAGE 114 of 346
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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.

Umbrella or excess liability insurance. VENDOR 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; PAGE 115 of 346
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Should Vendor 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.

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

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

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

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Other provisions or requirements
Proof of insurance. Vendor shall provide certificates of insurance and required endorsements to CITY as evidence of the insurance coverage required herein.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow VENDOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. VENDOR PAGE 117 of 346
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hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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Pass through clause. Vendor agrees to ensure that its subconsultants, subcontractors, and any other party who is brought into or involved in the services by Vendor (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Vendor. Vendor 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.

XVII. SUBCONTRACTORS
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Before VENDOR retains or hires a subcontractor to provide any work, labor, or services relative to this AGREEMENT, VENDOR must:

XIX. NOTICE
All notices, requests, demands, or other communications permitted or required under this AGREEMENT shall be in writing. Notice will be sufficiently given for all purposes as follows:

A. Personal delivery. When personally delivered to the recipient; notice is effective on delivery.

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B. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice; notice is effective three mail delivery days after deposit in an United States Postal Service office or mailbox.

C. Certified mail. When mailed certified mail, return receipt requested; notice is effective on receipt, if delivery is confirmed by a return receipt.

E. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice; notice is effective on receipt.

Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non-business day.

Addresses for purpose of giving notice are as follows:

To CITY: City of San Marino
2200 Huntington Drive
San Marino, California 91108
Attention: City Manager
To VENDOR: [VENDOR NAME]
[VENDOR ADDRESS]
[VENDOR ADDRESS]
Attention: [NAME OF VENDOR CONTACT]

F. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.

G. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this AGREEMENT.

XX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
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This AGREEMENT and all exhibits are binding on the heirs, successors, and assigns of the parties. The AGREEMENT may not be assigned or subcontracted by either CITY or VENDOR without the prior written consent of the other.

XXIV. TIME OF ESSENCE
Time is of the essence in the performance of this AGREEMENT.

XXVI. COMPLIANCE WITH STATUTES AND REGULATIONS
VENDOR will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders.

XXVII. WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default will impair the right or remedy or be construed as a waiver.

A party’s consent or approval of any act by the other party requiring the party’s PAGE 122 of 346
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consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this AGREEMENT.

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XXIX. EXHIBITS
Each exhibits referenced in this AGREEMENT are hereby incorporated into the AGREEMENT as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this AGREEMENT, the terms of this AGREEMENT shall control over the CITY’s Request for Proposal, which shall govern over the terms of VENDOR’s Proposal.

VENDOR: [VENDOR NAME]
By:
(Signature)

(Typed Name)

(Title)
CITY: City of San Marino
A Municipal Corporation APPROVED AS TO FORM:
___________________________ By: ___________________________ Philippe Eskandar CITY Attorney
City Manager
ATTEST:
___________________
CITY Clerk
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Attachments: Exhibit A Request for Proposal
Exhibit B Proposal
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EXHIBIT A

REQUEST FOR PROPOSAL
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EXHIBIT B

PROPOSAL
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EXHIBIT C – INSURANCE REQUIREMENTS
Without limiting the Vendor’s indemnification of the City, and prior to commencement of work, the Vendor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the types and amounts described below and in a form that is satisfactory to City.

General Liability Insurance
Vendor 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
Vendor 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 Vendor 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 $10,000,000 combined single limit for each accident.

Workers’ Compensation Insurance
Vendor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

Umbrella or Excess Liability Insurance
Vendor 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 Vendor 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.

Sexual Abuse/Molestation Insurance
Vendor shall procure and maintain sexual abuse/molestation liability coverage with limits of not less than $1,000,000 per occurrence and $2,000,000 general aggregate. Coverage may be provided as part of commercial general liability coverage, professional liability coverage, or as a separate policy.

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City of San Marino RFP for Transportation Services
Issued March 7, 2024 Page 2
Other Provisions or Requirements
Proof of Insurance
Vendor shall provide certificates of insurance and required endorsements to the City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by the City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with the City for the contract period and any additional length of time required thereafter.

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

Duration of Coverage
Vendor 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 Vendor, their agents, representatives, or employees.

Primary/Non-Contributing
Coverage provided by Vendor shall be primary and any insurance or self-insurance procured or maintained by the City 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 the City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.

City’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, the City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by the City will be promptly reimbursed by Vendor or the City will withhold amounts sufficient to pay premium from Vendor payments. In the alternative, the City 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 City’s Risk Manager.

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

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City of San Marino RFP for Transportation Services
Issued March 7, 2024 Page 3
Enforcement of Contract Provisions (Non-Estoppel)
Vendor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Vendor of non-compliance with any requirement imposes no additional obligations on the City 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 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 Vendor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of Cancellation
Vendor agrees to oblige its insurance agent or broker and insurers to provide the City 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 Vendor’s insurers are unwilling to provide such notice, the Vendor shall have the responsibility of notifying the City immediately in the event of Vendor’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 the City 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 the City and approved of in writing.

Separation of Insureds
A severability of interests provision must apply for all additional insureds ensuring that Vendor’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.

City’s Right to Revise Specifications
The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Vendor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Vendor, the City and Vendor may renegotiate Vendor’s compensation.

Self-Insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City 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.

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City of San Marino RFP for Transportation Services
Issued March 7, 2024 Page 4
Timely Notice of Claims
Vendor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Vendor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance
Vendor 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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TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Cathi Johnson, Community Services Director
DATE: May 8, 2024
SUBJECT: APPROVAL OF PROCUREMENT OF NEW INTEGRATED
LIBRARY SYSTEM SOFTWARE WITH A YEAR 1 CONTRACT
AMOUNT OF $11,900

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Fiscally Responsible and Transparent City Government

BACKGROUND
One of the Community Services Department, Library Division’s FY 2023-24 objectives is to facilitate the acquisition and implementation of a new Integrated Library System (ILS) that best meets the current and future needs of the community. An ILS is the software application that serves as the backbone of all Library operations. It manages patron and inventory databases, is used to verify customer accounts so they can access databases from home, and applies fees as needed.

Since 2011, the Library Division has used the ILS called Liblime. Liblime is based on open source software known as KOHA. Open source software is software that is distributed with its source code, making it available for use, modification, and distribution with its original rights. While highly customizable, in practice it becomes necessary to understand basic programming languages, such as SQL, to fully utilize the system. Basic coding is not part of the education or training needed to become a professional Librarian, and as such staff are unable to run reports needed to evaluate collections and services.

Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
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Due to the difficulty of working with Liblime, several years ago staff purchased support software, Collection HQ, to analyze collection data. The entire collection, over 80,000 items, was regularly downloaded from Liblime and uploaded to Collection HQ by staff to assist with inventory management.

Collection HQ cost $5,062 in FY 2022-23. The cost for Liblime in FY 2022-23 was $10,547, bringing the total cost for managing Library inventory up to $15,609. Collection HQ works on a multi-year agreement and staff chose not to renew for FY 2023-24 in anticipation of migrating to a more functional ILS.

DISCUSSION
Last year, staff began the process of evaluating ILS providers. Over the course of ten months, staff researched and evaluated various ILS providers, including reviewing annual library technology reports which measure national trends and provide user feedback for each vendor. Four ILS providers were contacted with requests for their specifications and pricing structure to assist in determining an appropriate system.

Of the four providers staff reached out to, three submitted quotes. The table below summarizes the annual costs, and the quotes are included as Attachment 2. The fourth vendor, WISE, responded that they do not serve small libraries (a library serving a population of less than 14,000).

Annual ILS Contract Bids for Hosting Services
Provider / System Annual
Hosting
Migration Fee (One Time)
Innovative / Polaris $29,998 $5,460
Biblionix / Apollo $7,900 $4,000
Bywater / KOHA $6,030 $9,240 / $2,700
After reviewing each of the proposals, exploring demo sites, and checking references, staff determined that Apollo is the most suitable software, as they provide the best combination of pricing and features for a library of our size.

In addition, favorable references were received from the cities of Alhambra and Monterey Park, as both cities use Apollo. Finally, the new hosting fee of $7,900 is cheaper than the cost of Liblime at $11,547 that is currently built into the operating budget.

Though Bywater / KOHA is the least expensive option, staff are not recommending this system because Bywater is another proprietary version of KOHA. KOHA is the same open source software that is the basis for our current ILS and migrating to this platform would not address the current issues staff face while using Liblime.

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Today, staff seek approval to enter into an agreement with Biblionix for Apollo Integrated Library System, with a total Year 1 cost of $11,900. The agreement is for a one-year period, but will automatically renew for successive one-year periods, thus requiring City Council approval.

Staff estimate using the Apollo ILS for 7-10 years, as switching software is very time consuming. Not only does it require staff to seek information and preview other platforms, but it also requires a lengthy transition period to migrate data from one platform to the next. Additionally, it requires significant effort to educate patrons and staff on how to utilize the new software.

Upon receiving approval, staff will work closely with SDI, the City’s third-party IT Management provider, relying on their technical expertise to ensure a smooth migration from Liblime to Apollo.

FISCAL IMPACT & PROCUREMENT REVIEW
The Department’s FY 2023-24 Donation Fund budget includes $40,000 to pay for the acquisition, implementation, and hosting costs for the new ILS. The funding source is the San Marino Public Library Foundation, who has agreed to pay for year 1 and the migration fees from Liblime to Apollo, a total of $11,900. Moving forward, the Library Division’s operating budget will cover the annual hosting fee.

The Finance Director has reviewed this report and determined the procurement is in accordance with S.M.C.C. 02.06.05.B: Procurement of Goods and Services Other Than Public Projects.

LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.

RECOMMENDATION
Staff recommends the Council approve of the procurement of new Integrated Library System software, Apollo by Biblionix, for the Community Services Department, Library Division. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve of the procurement of new Integrated Library System software, Apollo by Biblionix, for the Community Services Department, Library Division with a total Year 1 cost of $11,900, with the City Manager being authorized to execute the agreement on behalf of the City, and authorize the PAGE 150 of 346
City Manager to approve annual renewals, subject to satisfactory service and Council budget allocation.”

ATTACHMENTS

1. Purchase Agreement

2. Vendor Quotes
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Apollo Integrated Library System
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This Subscription Purchase Agreement is made by and between Biblionix, LLC, a Texas limited liability company with a principal place of business at 2025 Guadalupe St. Suite 260, Austin, Texas 78705 and email address of [email protected] (“Biblionix”) and the following (“Customer”):

Institution: Crowell Public Library
Address: 1890 Huntington Dr. San Marino, CA 91108
Contact: Linda Vera
Email: [email protected]

1. Definitions.

The Apollo ILS/LSP – the cloud-based integrated library system and library services platform hosted by Biblionix that provides various services managing and manipulating Customer’s Data and including any Optional Items selected by Customer.

Customer’s Data – all data and information that is stored or processed in or through The Apollo ILS/LSP by Customer or on Customer’s behalf, including but not limited to all bibliographic and other holding records related to Customer’s collections, User Data, circulation records, and records regarding balances owed by Customer’s Users.

Customer’s Users – all users of The Apollo ILS/LSP.

Data Delivery Date – the date upon which Customer agrees to deliver Customer’s Data to Biblionix per Section 3 below.

Launch Date and Time– the date and time upon which The Apollo ILS/LSP goes live and the first Subscription Period commences.

Optional Items – products provided by parties other than Biblionix that may be included with The Apollo ILS/LSP at the sole discretion of Customer.

Quote – the most recent valid document titled “Biblionix Quote” provided by Biblionix to Customer in anticipation of entering into this Agreement.

Renewal Date – the first day of each Subscription Period.

Subscription – Customer’s subscription to The Apollo ILS/LSP, per the terms of this Agreement.

Subscription Period – each one-year period during which Customer maintains a Subscription.

Supporting Material – all documentation regarding The Apollo ILS/LSP that may be provided to Customer by Biblionix, including but not limited to instructional materials.

User Data – any of Customer’s Data that identifies or could potentially identify any of Customer’s Users.

2. Subscription Services; Supporting Material.
a. Subject to the terms of this Agreement and during the Subscription Periods, Biblionix shall provide Customer with access to and use of The Apollo ILS/LSP, including Customer’s Data as maintained and accessed through the Apollo ILS/LSP; any standard upgrades/updates to The Apollo ILS/LSP; and reasonable amounts and levels of customer support and customer service.

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b. Although Biblionix has no obligation to monitor use of The Apollo ILS/LSP by Customer or Customer’s Users, Biblionix may do so and may prohibit any use of The Apollo ILS/LSP it believes to be in violation of the terms of this Agreement. c. Customer may reproduce, publicly distribute, and publicly display Supporting Material, in any format or medium, only for the purpose of assisting Customer’s Users, employees, and volunteers in using The Apollo ILS/LSP and may modify or alter Supporting Materials as reasonably necessary to engage in such activities.

3. Data Delivery Date; Launch Date and Time; Migration of Customer’s Data. This Section 3 does not apply for Customers who have gone live with The Apollo ILS/LSP containing Customer’s Data prior to execution of this Agreement. a. The parties shall work together to mutually agree upon a Data Delivery Date and a Launch Date and Time, which shall be documented in writing. b. Customer shall provide Biblionix with a current copy of Customer’s Data no later than the Data Delivery Date, in the format and by the method specified by Biblionix.

Doing so may require Customer to use third-party applications not owned or controlled by Biblionix; in such cases, Biblionix cannot and does not offer any guarantee regarding the performance of such applications or the security of Customer’s Data as used with or by such applications.
c. Should Customer fail to meet the Data Delivery Date, Biblionix reserves the right to require a new Launch Date and Time to be agreed upon by the parties in writing. d. Biblionix shall import Customer’s Data into The Apollo ILS/LSP and shall notify Customer when The Apollo ILS/LSP containing Customer’s Data is available. It is Biblionix’s intent to complete these actions no later than the Launch Date and Time.

However, Customer understands and accepts that unforeseen circumstances may arise that would prevent Biblionix from meeting the Launch Date and Time and agrees not to hold Biblionix liable for any such delay. In such case, Biblionix shall immediately notify Customer and shall make The Apollo ILS/LSP containing Customer’s Data available as soon as reasonably possible. e. Customer acknowledges and agrees that Biblionix’s ability to provide The Apollo ILS/LSP necessarily depends upon the accuracy, completeness, and quality of Customer’s Data as provided to Biblionix and Biblionix’s receipt of the same.

4. Maintenance of Customer’s Data.
a. During the Subscription Periods, Biblionix shall automatically save and store all modifications to Customer’s Data made by Customer and Customer’s Users through The Apollo ILS/LSP.
b. Biblionix reserves the right to, at any time and without prior notification to Customer, remove from already uploaded or imported Customer’s Data, or refuse to import, any Customer’s Data containing personally identifying information that Biblionix, in its sole discretion, deems particularly vulnerable to misuse and unnecessary for the functioning of The Apollo ILS/LSP, including but not limited to credit card numbers and social security numbers.
c. Biblionix shall create back-up copies of Customer’s Data in a manner that adheres to or exceeds industry security standards, including encryption of all Customer’s Data.

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d. At any time during the Subscription Periods, Customer may download Customer’s Data through The Apollo ILS/LSP into a secure, compressed file, at no additional charge to Customer.

5. Fees.
a. This Section 5.a. does not apply for Customers who have gone live with The Apollo ILS/LSP containing Customer’s Data prior to execution of this Agreement. i. It is Customer’s sole responsibility to ensure the validity of any quote upon which Customer wishes to rely in entering into this Subscription Purchase Agreement.

Biblionix will, upon Customer’s request, at any time provide Customer with a valid Quote.
ii. Other than fees for Optional Items owned by third parties, the Quote states Customer’s total fees for each Subscription Period until the later of (1) three years after the Launch Date and Time or (2) Biblionix notifies Customer in writing that fees will increase.
b. Other than fees for Optional Items owned by third parties, fees shall not increase more frequently than once every three (3) years.
c. Biblionix shall provide Customer with written notice of any increase in any fees no less than sixty (60) days prior to the next Renewal Date.

6. Payment.
a. Biblionix shall invoice Customer for the total amount due for the first Subscription Period within fourteen (14) days of the Launch Date and Time. b. For each subsequent Subscription Period, Biblionix shall invoice Customer during or about the third week of the month preceding the Renewal Date. c. Customer shall pay Biblionix the full amount invoiced no later than thirty (30) days from the date of the invoice. Payments that are received by Biblionix more than sixty (60) days past the due date shall be subject to a penalty fee equal to the lesser of 18% per annum or the maximum rate allowed by law.
d. If payment is not made within sixty (60) days of the due date, Biblionix may, at its sole discretion, (i) suspend Customer’s access to and use of The Apollo ILS/LSP or certain features thereof until payment has been received in full or (ii) immediately terminate this Agreement. In case of such suspension or termination, Customer shall remain liable for all outstanding fees, including penalties.

7. Subscriptions to Optional Items.
a. Customer may subscribe to Optional Items at any time. Subscription periods of Optional Items shall correspond to the applicable Subscription Period. If Customer subscribes to an Optional Item after a Subscription Period has commenced, the fee for that item shall be pro-rated accordingly.
b. Customer may terminate Optional Items at any time without terminating its Subscription. Unless the third-party owner of a terminated Optional Item does not provide for refunds, Biblionix shall timely refund to Customer fees already paid for the terminated Optional Item(s) in a pro-rated amount equivalent to the days remaining in the Subscription Period.

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8. Subscription Period; Renewal.
a. The first Subscription Period shall begin on the Launch Date and Time and, unless this Agreement is terminated by either party as provided herein, shall automatically renew for successive one-year Subscription Periods unless and until Customer notifies Biblionix in writing of its intent to not renew at least seven (7) days prior to the next Renewal Date.
b. For the sake of clarity, if a Trial Subscription Agreement between Customer and Biblionix is in effect as of the execution of this Agreement, those terms shall continue to govern Customer’s use of the trial subscription until terminated under the terms of that agreement

9. Term and Termination.
a. Customer may terminate this Agreement at any time, for any or no reason, by providing a minimum of seven (7) days’ written notice to Biblionix. b. Biblionix may terminate this Agreement under Section 6.d. above or at any time, for any or no reason, by providing Customer with 120 days’ written notice.

10.Effect of Termination. Upon termination of this Agreement by either party for any reason, including for lack of payment under Section 6.d. above, unless the parties agree in writing otherwise:
a. As of the effective date of the termination, Customer shall no longer have access to or the right to use The Apollo ILS/LSP.
b. Biblionix shall timely refund to Customer fees already paid in a pro-rated amount equivalent to the number of days remaining in the Subscription Period, except for fees paid for Optional Items for which third-party owners do not provide refunds for early termination.
c. If Customer owes any outstanding debt to Biblionix for services provided up to the effective date of termination, Customer shall remain liable to Biblionix for the outstanding amount and any associated penalties and other fees. d. Unless otherwise instructed by Customer, Biblionix shall timely delete or otherwise destroy all Customer’s Data in its possession or under its control.

11.Intellectual Property Ownership and Usage. Customer acknowledges and agrees that:
a. Biblionix and/or its licensors own all legal rights and interests, including but not limited to patent rights and copyrights, in and to The Apollo ILS/LSP (including the Optional Items) and the Supporting Material.
b. Biblionix is the sole owner of the trademarks and tradenames BIBLIONIX, APOLLO, VERSACARD, VERSACAT, GABBIE, RESERVE EXPRESS, ARTEMIS, FLEXSHARE. c. Unless Customer has obtained prior written agreement from Biblionix, Customer may use the Biblionix trademarks and tradenames only in a nominative manner to refer to the goods and services provided by Biblionix under those trademarks and tradenames.

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12.Customer Responsibilities. Customer acknowledges and agrees that it is solely responsible for:
a. Providing Biblionix with complete and accurate Customer’s Data and, upon request, with corrected or updated copies of Customer’s Data sufficient for Biblionix to correct, repair, or replace any Customer’s Data that is incorrect or that becomes damaged, lost, or destroyed.
b. Providing, maintaining, and ensuring the security of all technology, equipment, hardware, software, and third-party services (such as Internet access) not under the control of Biblionix that are required for use of The Apollo ILS/LSP by Customer and Customer’s Users.
c. Maintaining the security of all passwords employed in conjunction with the use of The Apollo ILS/LSP by Customer or Customer’s Users.
d. Any activities that occur through the use of such passwords.

13.Use and Security of Customer’s Data and User Data.
a. Collecting Data. Biblionix shall not, in connection with use of The Apollo ILS/LSP by Customer or Customer’s Users, directly collect any data about any individual other than as contained in User Data, including any updates, additions, or other modifications made directly by Customer and Customer’s Users. b. Use and Sharing of User Data.
i. Biblionix may use User Data to create and share aggregate statistics across multiple libraries. In such cases, Biblionix shall, at the minimum, abide by generally accepted industry standards in protecting User Data. ii. Biblionix shall not otherwise use User Data or disclose User Data in any way other than as necessary to facilitate and provide The Apollo ILS/LSP and shall not allow anyone else to access or use User Data except to the extent necessary to facilitate and provide The Apollo ILS/LSP.
iii. Notwithstanding the foregoing, Biblionix may disclose User Data as required by applicable law or by proper legal or governmental authority. Biblionix shall give Customer prompt notice of any such legal or governmental demand and shall reasonably cooperate with Customer in any effort to seek a protective order or otherwise to contest such required disclosure, at Customer’s expense. c. Data Security.
i. Biblionix shall store User Data only on physical servers that are exclusively dedicated to Biblionix and not shared with any other party and on physical backup media in the possession of Biblionix. ii. Biblionix shall, at the minimum, abide by generally accepted industry standards in protecting User Data, including but not limited to encrypting all User Data, both in storage and in transit, and exercising commercially reasonable efforts to prevent unauthorized exposure or disclosure of User Data. iii. Notwithstanding the foregoing, Customer understands and acknowledges that Biblionix cannot guarantee the absolute security of User Data or other Customer’s Data.
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other than Biblionix and that Biblionix has no control over the collection or processing of Customer’s Data by or through those Optional Items. Biblionix strongly encourages Customer to investigate the privacy policies of Optional Items before selecting them for inclusion in The Apollo ILS/LSP. e. Biblionix User Privacy Policy. Customer acknowledges that it has read and understands the Biblionix User Privacy Policy or will do so in a timely manner as appropriate and agrees to direct Customer’s Users to such policy as appropriate. It is linked to from the public catalog, in the Help pop-up, and also can be found here:
https://www.biblionix.com/Biblionix User Privacy Policy.pdf. f. Customer Privacy Policy. If Customer has not already done so, Biblionix strongly encourages Customer to develop and implement strong privacy policies and practices protecting the privacy of Customer’s Users and abiding by standards set by the American Library Association and the Children’s Online Privacy Protection Act. g. User Data About Children Under the Age of 13. Biblionix encourages Customer to abide by the Children’s Online Privacy Protection Act even if not required to do so, including the following:
i. Ensure that User Data about children under the age of 13 is obtained only with the prior knowledge and consent of a parent or authorized guardian. ii. Allow the parent or authorized guardian of a child under the age of 13 the ability to access, modify, or delete records containing User Data about such child. iii. Upon the request of a parent or authorized guardian of a child under the age of 13, modify or delete User Data about the child.

14.Biblionix Representations and Warranties. Biblionix represents and warrants that it:
a. Possesses the legal rights and authority necessary to enter into this Agreement; b. Will exercise commercially reasonable efforts and follow industry standards in providing access to and use of The Apollo ILS/LSP on a continuous, 24/7 basis, except for scheduled maintenance; ensuring that The Apollo ILS/LSP is free of viruses and other harmful software; maintaining The Apollo ILS/LSP; promptly correcting any failure of The Apollo ILS/LSP; and providing support services; and c. Will abide by, at the minimum, generally accepted industry standards in protecting Customer’s Data, including but not limited to encrypting all Customer’s Data, both in storage and in transit, and exercising commercially reasonable efforts to prevent unauthorized exposure or disclosure of Customer’s Data.

15.Third-Party Goods and Services; Disclaimer.
a. As indicated in the Quote, most Optional Items are owned and controlled, either in part or in whole, by parties other than Biblionix.
b. Biblionix may provide Customer with information about other goods and/or services owned by third parties in which Biblionix thinks Customer may be interested. Biblionix does so purely for Customers’ convenience, and these actions should not be construed as recommendations, endorsements, or approval of such goods or services.
c. CUSTOMER ACKNOWLEDGES AND AGREES THAT, NOTWITHSTANDING BIBLIONIX’S REPRESENTATIONS AND WARRANTIES IN SECTION 14 ABOVE, BIBLIONIX HAS NO CONTROL OVER PAGE 157 of 346
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THE OPTIONAL ITEMS THEMSELVES OR ANY OTHER THIRD-PARTY GOODS OR SERVICES, WHETHER

OR NOT INTEGRATED INTO THE APOLLO ILS/LSP, AND CANNOT AND DOES NOT OFFER ANY GUARANTEE REGARDING THEIR APPLICABILITY TO CUSTOMER’S NEEDS, THEIR PERFORMANCE, OR ANY OTHER ASPECT OF SUCH GOODS AND SERVICES.

16.Customer Representations and Warranties. Customer represents and warrants that it:
a. Possesses the legal rights and authority necessary to enter into this Agreement; b. Will abide by the terms of all agreements required by the licensors of all Optional Items selected by Customer.
c. Will not engage in, or assist others in engaging in:
i. any action that infringes the rights of Biblionix or its licensors in The Apollo ILS/LSP or the Supporting Material, including but not limited to copying, modifying, creating derivatives of, or distributing the same to the public, other than as allowed by this Agreement;
ii. reverse engineering or in any way attempting to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms of The Apollo ILS/LSP;
iii. using any device, software, or routine that interferes with or attempts to interfere with the proper working of The Apollo ILS/LSP; or
iv. doing anything that could disable, overburden, or impair the proper functioning of The Apollo ILS/LSP.

17.DISCLAIMERS; LIMITATION ON LIABILITY.
a. ALTHOUGH BIBLIONIX DOES NOT ANTICIPATE THAT CUSTOMER WILL ENCOUNTER ANY PROBLEMS

USING THE APOLLO ILS/LSP, BIBLIONIX MAKES NO SPECIFIC PROMISES OR WARRANTIES, EITHER

IMPLIED OR EXPRESS, REGARDING THE APOLLO ILS/LSP, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. b. BIBLIONIX’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE

TOTAL AMOUNT OF FEES PAID BY CUSTOMER DURING THE CALENDAR YEAR IN WHICH THE EVENT GIVING RISE TO LIABILITY OCCURS. APPLICATION OF THIS LIMITATION EXPRESSLY INCLUDES (I) LIABILITY FOR NEGLIGENCE;(II) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE;(III) EVEN IF BIBLIONIX IS ADVISED IN ADVANCE

OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (IV) EVEN IF CUSTOMER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

UNDER NO CIRCUMSTANCES SHALL BIBLIONIX BE OTHERWISE LIABLE TO CUSTOMER OR ANY OF CUSTOMER’S USERS FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. c. UNDER NO CIRCUMSTANCES SHALL BIBLIONIX BE LIABLE TO CUSTOMER OR ANY OF CUSTOMER’S

USERS FOR ANY FAILURE, DELAY, OR INTERRUPTION OF THE APOLLO ILS/LSP, OR ANY OTHER DISRUPTION IN THE ABILITY OF CUSTOMER OR ANY OF CUSTOMER’S USERS TO USE THE APOLLO ILS/LSP, THAT RESULT FROM A CAUSE BEYOND THE REASONABLE CONTROL OF BIBLIONIX.

18.Notices and Required Writings. All notices, agreements, and documentations required to be in writing under the terms of this Agreement shall be provided by email, PAGE 158 of 346
Apollo Integrated Library System
Subscription Purchase Agreement

Page 8 of 9 ends

2024-04-25
U.S.P.S. Return Receipt Requested, or any private courier service with signature required to Biblionix at the address provided above and to Customer at the address it provides to Biblionix upon entering into this Agreement, or to any other address agreed upon by the parties. Email shall be deemed to have been received upon the recipient’s acknowledgement of receipt.

19.Force Majeure. Neither party shall be considered in breach of this Agreement or in any way liable to the other party should it reasonably be prevented by an event that is beyond the reasonable control of either party from complying with any of its responsibilities or obligations under this Agreement, other than payment.

20.Assignment. Biblionix may assign or subcontract this Agreement in whole or in part; in such case, Biblionix shall provide written notice to Customer in a timely manner.

Customer shall not assign this Agreement or any rights under it without Biblionix’s prior written consent.

21. Miscellanea.
a. This Agreement constitutes the complete understanding of the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements or proposals of the parties relating to the matter of this Agreement. b. Any provision of this Agreement that may be deemed invalid or unenforceable shall in no way invalidate or render unenforceable the remainder of this Agreement, which shall remain in full force and effect.
c. The failure or delay of a party at any time to enforce performance of this Agreement shall not be construed as a waiver of the right of such party to enforce performance of this Agreement at any subsequent time.
d. No amendment to or waiver of any provision of this Agreement shall be valid unless in writing and signed by both parties.
e. For purposes of this Agreement, the singular shall include the plural and vice versa. f. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.

AGREED AND ACCEPTED:

CUSTOMER
Signature: Date:

Name:

Title:

BIBLIONIX, LLC
PAGE 159 of 346
PAGE 160 of 346
Crowell Public Library
Request for Information • June 28, 2023
3 World Headquarters • 3133 W. Frye Road, Suite 400 • Chandler, AZ 85226 • +1 510 655 6200 • www.iii.com Pricing
Pricing for the Success bundle and Services as outlined above:

Year 1: $29,998
Year 2: $22,249
Year 3: $22,249
Year 4: $22,249
Year 5: $22,249
Optional Service Offering:

Data Extraction performed by Phoenix 10 $5,460
Optional Modules:

Innovative Mobile (iOS and Android App) $4,250
Implementation of Innovative Mobile $2,500
Vega Promote (Marketing Module) $8,500
Implementation of Vega Promote $4,000
Vega Program (Room Reservation) $8,500
Implementation of Vega Program $4,000
Pricing Valid through July 30
PAGE 161 of 346
Cameron Charbonnet | [email protected] | 877-800-5625 ext. 1 Biblionix, LLC | 2025 Guadalupe St. Suite 260 | Austin, TX 78705 Linda Vera
Crowell Public Library
1890 Huntington Dr.

San Marino, CA 91108
April 18, 2023
Q230418-21

Thank you for your consideration of Biblionix and Apollo. Terms:
• Data Ownership: Your data in Apollo belongs to your library. You can download all of it for free at any time. This might be for your own backup or to change systems. It IS your data.
• The total of the migration/setup fees, subscription fee, and optional fees (if applicable), is billable at the time you begin using Apollo. Your test and trial time are free.
• Payment terms are 30 days.
• This quotation is valid for 90 days.
• Cancellation: The library may cancel its subscription at any time by written notice. Biblionix may cancel the subscription with a 120-day written, certified mail notice to the library director. In either case, for the Apollo subscription (not for the optional items), a prorated refund will be made for any unused subscription term.

YOUR NUMBER OF
ITEMS

YOUR ANNUAL

CIRCULATION PREVIOUS ILS NUMBER OF LOCATIONS
89,000 105,000 Koha 1

BASE SERVICES DESCRIPTION AMOUNT
Apollo ILS/LSP
Annual Subscription. Hosted Service: Includes server capabilities and storage for all automation data, backups, upgrades, on-line training, customer service, and all current features except current and future extra cost options.
$4,000
Migration Fee
One Time Fee: Fee to receive and import your data into Apollo.

Including analysis, MARC format error correction, and one-on-one help for policy and options settings.
$4,000

OPTIONAL

FEATURES DESCRIPTION AMOUNT
Gabbie Annual Subscription. Two-way texting with renewal capability.

Unlimited number of SMS messages. $200
Syndetics Unbound
Basic
Annual Subscription. Catalog enrichment on most titles. Some mix of full-color jacket images and summaries. $330
Syndetics Unbound
Enhanced
Annual Subscription. Catalog Readers Advisory on most titles, with indexing to the library’s own collection. Includes some mix of: You May Also Like, About the Author, Series, Professional Reviews, Reader Reviews, Also Available As, Tags, Book Profile, Reading Level and Awards. Syndetics Unbound Basic features are included with Syndetics Unbound Enhanced.
$1,200
Acquisitions
Annual Subscription. The perfect solution if you have multiple budgets and buyers and order from multiple vendors. Includes EDI functionality.
$2,500
Auto-Calling Per call. Auto-calling feature for patron notifications. No phone line or hardware needed. $0.10 per call
PAGE 162 of 346
Cameron Charbonnet | [email protected] | 877-800-5625 ext. 1 Biblionix, LLC | 2025 Guadalupe St. Suite 260 | Austin, TX 78705 • Security: The library is solely responsible for the creation, security, and management of its passwords. Biblionix maintains practices to otherwise ensure the security and confidentiality of the library’s data. • Privacy: The library is the sole owner and user of its total data set. Biblionix manages the data solely for the library’s own use and makes no other use of it. Biblionix may gather and report aggregate statistics across many libraries. • https://biblionix.com/terms
PAGE 163 of 346
Proposal for Implementation & Support

PREPARED FOR

CROWELL PUBLIC LIBRARY
1890 Huntington Drive
San Marino, CA 91108

PREPARED DATE
6/9/2023
EXP. DATE
12/9/2023
Item Timeline Cost
Complete Koha Install and OPAC
Customization
6 Months for Completion
Accelerated go-lives may be available
$9,240.00
Unlimited Support Annual Hosting
24 Hour Support
Triple Redundancy
Nightly Backups
$6,030.00
Training Live Webinar Training $2,700.00
Total Year One Cost $17,970.00
Total Year Two Cost $6,030.00
Thank You For Your Interest in ByWater Solutions!
PAGE 164 of 346
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: John Incontro, Police Chief
DATE: May 8, 2024
SUBJECT: APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF

SAN MARINO AND INTIME CLOUD HOSTED SCHEDULING

SOFTWARE AND WORKFORCE MANAGEMENT

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Safe Community
Fiscally Responsible and Transparent City Government

BACKGROUND
The San Marino Police Department is comprised of 43.5 full and part-time employees. The department operates 24-hours a day and seven days a week, providing services to San Marino residents and the community at large. In order to provide our community with the highest level of service, meticulous scheduling of personnel is vital to proper staffing levels. The staffing levels not only ensure that we meet the community’s needs, but also safeguards staff from excessive workloads. Currently, a sworn supervisor prepares the schedule, taking into account vacation days, sick calls, payback days, training, overtime, and other special events or requests. The schedule is prepared on an Excel document and changes frequently based on staffing needs, which typically requires a couple of hours of staff time per day. All sick, vacation, comp, and overtime slips are processed or approved manually by a supervisor, then maintained by the employee until timecards are due and they are submitted to the finance department.

Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
PAGE 165 of 346

DISCUSSION
In 2022, the department implemented an automated scheduling software (Schedule Express); however, the product capabilities fell short of department needs and expectations. This caused the scheduling supervisor to resort back to the old process of completing manual schedules. Staff conducted research of other local law enforcement agencies, and met with various vendors who provide scheduling software. During this research, staff found InTime Solutions to be the most widely used and purpose-built software for public safety. Additionally, InTime’s product offering has been refined through 25 years of experience and in-house development to meet the needs of over 500 agencies. Some local agencies using InTime are South Pasadena, Azusa, and Anaheim. Staff has also consulted with the City’s Finance Department and found that not only will InTime’s software help improve management of schedules and overtime, it will also help with timekeeping and processing of payroll.

FISCAL IMPACT & PROCUREMENT REVIEW
The total fiscal impact to the City for the first year of InTime Solutions will be $11,360. The funding for scheduling software (Schedule Express) was approved by City Council during the 2023-24 Fiscal Budget under account 103-30-4150-0500 Other Contract Services – IT, in the amount of $6,552.

Staff is recommending to use COPS Fund monies to pay for the current year implementation costs as well as subsequent years of software costs and not use General Fund monies. If the agreement with InTime is approved, the City Council would need to appropriate $11,360 for the current fiscal year from COPS Fund reserves to account 233-30-4150-0500 (Other Contract ServicesIT). The recurring annual financial obligation for InTime Solutions in subsequent years will be $6,660 and would paid from COPS Fund monies and will be included in the FY 2024-25 Operating Budget. The Interim Finance Director has reviewed this report and determined that the best interests of the City are served with selecting InTime Solutions as a vendor for cloud hosted scheduling and workforce management software for the department.

LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.

RECOMMENDATION
Staff recommends the City Council authorize and direct the City Manager to enter into an agreement with InTime Solutions for cloud hosted scheduling PAGE 166 of 346
and workforce management software. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to authorize the City Manager to enter into an agreement with InTime Solutions for cloud hosted scheduling and workforce management software, and to appropriate $11,360 from COPS Fund reserves to account 233-30- 4150-0500 (Other Contract Services IT).”

ATTACHMENTS

1. InTime Proposal & Agreement for San Marino Police Department

2. InTime Sole Source Letter
PAGE 167 of 346

Proposal &
Agreement For
San Marino Police
Department
Cloud Hosted Scheduling and
Workforce Management
Prepared by: Ian Komnenic
Account Executive
778-655-6499
[email protected]
Date Issued: 01/22/2024
PAGE 168 of 346
Proposal & Agreement For San Marino Police Department
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com About InTime
InTime is the leading provider of Scheduling and Workforce Management software that’s purpose-built for public safety agencies. InTime’s product offering has been refined through 25 years of experience and in-house development and proven to meet the needs of over 500 agencies, who trust InTime in helping them work more efficiently, spend smarter, reduce risks and better engage their teams.

In addition to providing the most robust product offering, InTime brings implementation expertise ensuring rapid time-to-value, effective training, world class customer support, and public safety workforce management thought leadership. Additionally, hundreds of members of InTime’s customer community share their experiences and learn from each other at InTime University, InTime’s annual user conference.

PAGE 169 of 346
Proposal & Agreement For San Marino Police Department
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com InTime Workforce Management Platform
InTime understands the unique workforce management needs of the various roles within a public safety agency and has optimized the software accordingly. This includes insightful analysis and reporting for Command, an efficient suite of scheduling and related tools to ensure Operations is highly effective, accurate and efficient, and an easy to use online and mobile experience for Staff to have instant visibility of, and the ability to request changes to, their individual schedules
Workforce
Management Platform
Scheduling
Timekeeping
Shift
Bidding
Overtime
Management
Leave
Management
Training &
Certifications
Court &
Subpoena

Operations
Efficient Scheduling
Automated Timesheets
Equitable Shift Posting
Minimum Staffing
Manage Approvals
Special Events

Command
Data-driven Decisions
Reduce Labor Complaints
Overtime Cost
Management
Employee Fatigue
Risk Mitigation
Accountability

Staff
Mobile App Access
Real-time Schedule
Timesheets Submission
Overtime Sign-Up
Push Notifications
Leave & Swap Requests
PAGE 170 of 346
Proposal & Agreement For San Marino Police Department
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com Making Better Agencies
InTime customers have experienced significant returns on their investment in the forms of reduced costs and risk, while improving efficiencies, better ensuring compliance and enhancing agency-wide communication.
46% 100% 90% 50%
Reduction in
court-related
Overtime across
23 member agencies
Visibility of schedule
history, changes and
reasons
Reduction in time
spent managing
Overtime
Reduction in
Overtime costs
Integrated Law
& Justice for
Orange County North Dakota DOC
Winnebago
County Sheriff
Azusa Police
Department
"Now, I might send out 20 [shifts] on a Thursday and by Thursday night, have those 20 shifts signed up for, within 10-15 minutes.”
– Lieutenant, South San Francisco Police Department
“Using InTime to manage Secondary Duty, I am able to have full accountability for all my officers and offer better customer service to clients requesting off duty.” – Chief, Bluffton Police Department
“Before, I had 3 or 4 different sheets that I had to update to keep everything accurate. Now, everything is in one place and it’s easy to transfer officers from one shift to another. It’s beyond belief how much time and money is saved.”
– Lieutenant, Toledo Police Department
PAGE 171 of 346
Proposal & Agreement For San Marino Police Department
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com Your Stated Objectives
Through discussions with your agency, we understand the following to be San Marino PD’s primary objectives as they relate to making improvements for the agency, through the implementation of an advanced workforce management platform purpose-built for public safety.

Spend Smarter
• Improve overtime management and reduce overtime expenditures • Gain greater visibility to overtime expenditures by type, reason or approver to identify inefficiencies and opportunities to reduce costs.
• Identify reimbursement cost recovery opportunities through granular reporting, by the hour, related to FEMA or other grants. • Enabling the entire scheduling function, including creation and modifications to be completed in a fraction of the time, while also notifying all affected employees through real time push notifications.
• Quickly identifying eligible employees for open shifts, saving time and preventing scheduling of non-eligible staff.
• Ensuring minimum staff counts while also not over-staffing when not needed.

PAGE 172 of 346
Proposal & Agreement For San Marino Police Department
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com Work More Efficiently
• Post, find, and fill shifts significantly faster, more accurately, and in an equitable manner.
• Enable real time visibility of shift vacancies weeks or a month in advance, for better informed planning and decision making. • Ensuring more efficient and accurate scheduling to prevent errors and wasted employee time.
• Automated completion of timesheets to ensure greater accuracy (no redundant data entry) and significant time savings for all staff.

Reduce Risk
• Ensuring staff shift assignments meet union rules and/or other organization policies
Engage Your Team
• Improved communication across the organization with scheduling notifications via a rich mobile experience (mobile optimized web browser, or iOS and Android App)
• Instant visibility to available Overtime postings
• Supervisors can facilitate request approvals/rejections via web including smartphone
PAGE 173 of 346
Proposal & Agreement For San Marino Police Department
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com Proposed Solution Components
Scheduling via Software-as-a-Services (SaaS) is the core of the proposed solution to address your agency’s primary objectives, but there is far more to agency success that just signing up to use a scheduling software service. The following outlines the proposed solution components, that collectively, provide a holistic approach to successfully addressing your agency’s objectives.

Software-as-a-Service (SaaS)
InTime is provided via an annual subscription model and hosted on Amazon Web Services (AWS).

Public Safety agencies have many complex processes related to scheduling and timekeeping. InTime, through providing solutions for hundreds of public safety agencies for 25 years, has seen just about every unique scheduling process. With this knowledge, InTime continuously enhances the software to be the most robust and efficient on the market. While many entry-level products struggle to adapt to complex public safety agency processes, it is InTime that provides the robust software offering that just works.

PAGE 174 of 346
Proposal & Agreement For San Marino Police Department
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com InTime Architecture
InTime is cloud hosted and provides the primary software capabilities, security, administration, and data storage. InTime is hosted on Amazon Web Services (AWS) in a Multi-Availability Zone deployment that synchronously replicates the data to a standby instance in a different Availability Zone, and provides the premium standard for reliability and security.

InTime is accessed via the following tools, all of which are included with the InTime subscription.

InTime Desktop
A robust client easily installed on the computers of the schedulers or others in management, that provides secure access to the core product for scheduling and related capabilities, administration, and reporting.

PAGE 175 of 346
Proposal & Agreement For San Marino Police Department
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com InTime Mobile
Available for both Android and iOS, a rich Mobile App for staff to:
• view individual and team schedules
• sign up for shifts, overtime and extra-duty
• submit leave requests
• request shift trades
• punch-in punch-out (geo-fenced)
• receive mobile alerts
PAGE 176 of 346
Proposal & Agreement For San Marino Police Department
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com InTime Web
A mobile optimized web browser experience for use on computers, tablets or smartphones, where staff can:
• view individual and team schedules
• sign up for shifts, overtime and extra-duty
• submit leave requests
• request shift trades
• And supervisors can approve/reject requests
PAGE 177 of 346
Proposal & Agreement For San Marino Police Department
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com Cloud Security, Privacy and Availability
InTime leads the public safety workforce management provider sector with the highest levels and of privacy and data protection.

All InTime customer data is hosted by Amazon Web Services (AWS) in secure data centers designed to host sensitive data, regulate workloads, and address the most stringent government security and compliance requirements. InTime secures customer data in AWShosted geographically dispersed data centers with disaster-recovery systems in place.

In addition to the layers of security within AWS, InTime itself is SOC 2 Type 2 compliant across all 5 Trust Criteria, which is unique in the public sector scheduling market, and demonstrates that InTime (both the company and the offering) provides the highest level standards for security, privacy and internal controls.

Read more:
“Why take the risk of choosing a different vendor that hasn’t achieved the highest level of accreditation for security, privacy and availability?”
PAGE 178 of 346
Proposal & Agreement For San Marino Police Department
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com Software Modules and Relates Services
Scheduling System
The Scheduling System is the foundation of InTime and can be complemented with any or all of InTime’s optional integrated modules to provide a complete solution to meet your organization’s objectives.

Public safety agencies have many complex processes related to scheduling.

InTime’s Scheduling system has been enhanced over 25 years to provide most robust offering on the market that addresses most every unique process for public safety scheduling.

While many entry-level products struggle to adapt to complex public safety agency processes, it is InTime’s Scheduling offering that just works.

Learn more here
Attributes Include:
• Overtime tracking, posting and reporting
• Minimum staffing indicator
• Email notifications
• Integrated special duty assignments
• Integrated training assignments
• Customizable daily rosters
• Comprehensive employee profile
• Skills and attribute tracking
• Employee Staff filters
• Over 100 standard and highly configurable reports
• History tracking
• Supervisor leave approvals
PAGE 179 of 346
Proposal & Agreement For San Marino Police Department
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com Timekeeping Module
With scheduling at the core, all your employee data, complex pay rules, and overtime information are built into your schedule and pushed automatically to Timekeeping . Employees can submit overtime and activity slips for approval.

Learn more here
Attributes Include:
• Timesheets populated automatically from Schedule
• Electronic overtime requests
• Employee timesheet verification
• Supervisor activity and timesheet approvals (up to 3 levels) • Generic .CSV Payroll Export
• Payroll specific timecard reports
PAGE 180 of 346
Proposal & Agreement For San Marino Police Department
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com Professional Services
Implementation Services
InTime’s Implementation Services team is led by former public safety officials who are experts in the nuances of complex scheduling, timekeeping and change management. Using a proven framework for organizational success, the Implementation Services team lead new InTime customers through the steps to ensure the software is configured to address your processes and objectives. The implementation process includes the customer assuming some of the tasks, and in doing so helps the customer develop a body of product knowledge that is beneficial for on-going product usage.

Implementation services are delivered remotely via Zoom or other web meeting tools.

PAGE 181 of 346
Proposal & Agreement For San Marino Police Department
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com Implementation Deliverables for Scheduling
• InTime Project Management throughout set-up process
• Preliminary Setup for the Customer Project Team system access • Importing your Employee Profile Data into InTime
• Setting up your Leave Types and Ranks in InTime
o Setting up an Email Server Account for Notifications from the system to your employees
• Setting up an SMS Account, if required, for text notifications o Coaching and directing Customer Project Team through the following Setup Tasks:
• Setting up Fatigue Rules
• Defining rules for when shifts overlap
• Set up any applicable FLSA overtime rules for each Work Group • Building a Unit Structure to mirror the Customer’s Organizational setup
• Configuring Employee Attributes that define employee skills, abilities, certifications, restrictions, and training
• Completing the Employee Profile setup:
o Assigning the previously defined Employee Attributes to individual employees
o Assigning ranks to individual employees
o Assigning employees to their specific Work Unit and Work Group
• Entering all Shifts and Activities for every Work Unit • Entering all Internal and External Locations where
employees work
• Connecting the applicable Shifts and Activities to the Locations • Entering custom data fields to allow for tracking and reporting of tagging information in those custom data fields
• Defining all of the reason’s employee work overtime
• Defining any Differential Pays employees receive
• Defining any situations where employees are unpaid
• Defining any situations where employees are paid on a standby basis
• Entering the names of all Customers (entities that hire your employees or use your employees outside normal assignments) • Setting up Employee Filters that allow you to define sub-sets of employees based on Work Unit, Rank, and/or Attributes
PAGE 182 of 346
Proposal & Agreement For San Marino Police Department
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com • Setting up required Coverage Levels for various Work Units (minimum staffing levels)
• Defining the reasons for rejecting Leave Requests, declining assigned Overtime, and for cancelling assignments
• Setting up the rules to sort-order and organize a list of employees to assist in the equitable distribution of voluntary and mandatory overtime assignments
• Setting up all of the scheduling shift patterns worked in the organization (days on and days off with properly assigned shifts and locations)
• Assigning the defined shift patterns to every Employee • Loading the Master Template Schedule into the Work Schedule • Marking up the Work Schedule with rulers to define pay periods and highlight holidays or any special day on the calendar • Setting up required staffing positions at locations, whether regular duty posts or extra duty assignments
• Setting up automatic Notifications to an employees for specific scheduling tasks, such as approving or rejecting requests • Setting up reminders and allowing employees to acknowledge those reminders; along with additional notifications when reminders are ignored.
• Setting up Time Bank Accruals in InTime to mirror the master Time Bank Accrual setup in a payroll system
• Setting up Roles for the Schedulers that define their specific permissions as to what they can see and what they can edit • Building custom Daily Roster Reports that populate data from a single day showing who is working and where, as well as those on Leave
• Activating InTime Web and InTime Mobile and defining rules for what data is available in those environments
• Configuring a training environment to allow users to train on using the system without affecting the production schedule
• Explaining how to close and lock down the schedule to changes PAGE 183 of 346
Proposal & Agreement For San Marino Police Department
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com Implementation Deliverables for
Timekeeping Module
• Coaching and directing Customer Project Team through the following Setup Tasks:
o Entering Codes & Reference Values for:
 Leave Types
 Activities & Shifts
 Work Locations
 Work Units
 Overtime Reasons
PAGE 184 of 346
Proposal & Agreement For San Marino Police Department
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com InTime Scheduler Training Course
InTime’s training experts deliver training with the agency’s unique processes and goals in mind. As opposed to a fictitious “canned” training environment, InTime’s customers are trained in their own InTime system that has already been tailored for their unique processes. Training is delivered remotely (web meeting). On-site training may be available for additional fees. InTime also provides a suite of online training refresher videos with step-by-step instructions for no additional fees.

All Training Courses have a maximum class size of 10 staff.

Scheduler Training Course Deliverables:
• Training conducted in the customer’s InTime Training Branch that has been tailored for the customer during the implementation process, to ensure an effective and pertinent training environment • Train Schedulers on use of InTime from Employee perspective:
o Accessing InTime Web and InTime Mobile for:
 Viewing Schedules
 Submitting Requests (Timesheet, Activity, Leave, Trades)  Overtime Assignment Sign-up
 Profile Display
 Preferences & Availability
• Train Schedulers on use of InTime from Scheduler perspective:
o Accessing the InTime Desktop for:
 Viewing the Work Schedule (multiple options)
• Daily, one week, two weeks, three weeks, four weeks,
one month
• Unit View, Employee View, Location View, Activity
View, Agent Views
• Filtering for any sub-set of employees, locations, or activities
 Editing the Work Schedule
• Making Assignments
• Clearing Assignments
• Creating Tasks
• Setting up Reminders
PAGE 185 of 346
Proposal & Agreement For San Marino Police Department
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com • Assigning & Clearing Leave
• Assigning & Tracking Overtime
• Scheduling sub-assignments (assignments within an
assignment)
 Viewing and editing Employee Profile data
 Sending Notifications via SMS or Email to any sub-set of employees
 Reporting capabilities for Employees, Schedules,
Attendance, Payroll, Billing, Notifications, Assets, Training, Licensing, SMS Usage, User Logins, Web Services, and
Timekeeping Exporting
 Tagging Assignment with Tracking information for
reporting
 Assigning Assets on a per-assignment basis
 Using the History feature (complete audit trail for
scheduling changes)
 Posting available overtime assignments to the Web portal and Mobile Apps to specific employee groups qualified
to work the assignment
 Filling assignments and overtime (voluntary & mandatory) using Find List Organizers and Calculators configured to your policies
 Approving or rejecting incoming employee requests:
• Leave Requests
• Activity Requests
• Court Requests
• Timesheet Requests
• Shift Trade Requests
PAGE 186 of 346
Proposal & Agreement For San Marino Police Department
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com InTime Additional Module
Training Course Deliverables
In addition to the training referenced above, your schedulers and administrators will receive additional training to learn how to best utilize the following integrated module(s), upon completion of the InTime Scheduler Training Course:

Timekeeping Module
• Submitting Activity Requests via the InTime Web or Mobile Apps • Approving and Rejecting Activity Requests in the Work Schedule • Submitting Timesheets via the InTime Web or Mobile Apps • Checking Timesheets for Conflicts (Timesheet and schedule not in sync)
• Generating Timesheet Reports
• Approving and Rejecting Timesheets in the Work Schedule • Dealing with Activity Requests that reduce the assignment period • Generating Time Card Reports
• Generating Timekeeping CSV Export Reports
PAGE 187 of 346
Proposal & Agreement For San Marino Police Department
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com Customer Support
Invariably, customer organizations will need a helping hand or expert insights in solving complex challenges with their scheduling and timekeeping. InTime’s Customer Support team is trained to guide our customers to use the software in the best way to address their challenges.

Customers also automatically have access to software updates as they are released.

Attributes include:
• Unlimited Help Desk Support during business hours
• 24/7 critical support
• Online InTime Knowledge Hub
• Online “refresher” video library available 24/7
• Automatic software updates including written and video instructions for new features
“The responsiveness, the thoroughness, the explanations, and the care…InTime’s Support is phenomenal. I don’t believe you’ll find any comparison between the customer support; that’s really what makes the software that much more magnificent”. Lt. Michael Howard (Novato Police Department)
PAGE 188 of 346
Proposal & Agreement For San Marino Police Department
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com InTime University (Annual User Conference)
We invest in your success with InTime University.

Once a year, InTime invites all its customers to a three-day user conference event at a major USA city. The agenda includes product training sessions, customers sharing their case study stories, public safety industry speakers, and an opportunity to network with likeminded public safety officials to exchange experiences and ideas.

There’s only one catch - all attendees need to be
InTime customers.

InTime makes a significant investment in this event to help keep customer registration fees affordable.

We look forward to hosting you at the next conference.

Listen to what attendees say
PAGE 189 of 346
Proposal & Agreement For San Marino Police Department
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com InTime Solution Pricing Annual Subscription For: 45 Employees SCHEDULING MODULE ($72/emp/year) $3,240/Year
TIMEKEEPING MODULE ($36/emp/year) $1,620/Year
CUSTOMER SUPPORT AND MAINTENANCE Included

SECURE HOSTING
• Top tier cloud service provider
• Automatic failover
• Real time data redundancy
$1,800/Year

REMOTE PROFESSIONAL SERVICES
Implementation Services for modules listed above
1 Training Course for Schedulers for the services and modules listed above.

All Training Courses have a maximum class size of 10 staff. $4,700
(one time fee)
First Year Fees: $11,360
Subsequent Annual Fees: $6,660
PAGE 190 of 346
Proposal & Agreement For San Marino Police Department
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com Notes

1. All prices are in US Dollars.

2. This proposal is valid for 30 days.

3. Fees are exclusive of any and all applicable taxes and duties, including withholding taxes.

4. Payment for the subscription fee and for professional services (if any) are net thirty (30) days from date of invoice.

5. InTime’s Terms and Conditions are attached to this proposal.

6. Invoicing schedule is per the following:

Subscription Fee: Upon contract signing and annually on contract date anniversary Services and Training: On contract date
Acceptance of Terms
To indicate acceptance of the terms of this proposal, either issue InTime a purchase order referencing this proposal for the amounts indicated or sign the document on the spaces indicated below.

Both parties have read and agreed to the terms and conditions of this proposal:

Customer Organization
Name
Authorized Signature Date
InTime Services Inc.

Vendor Name Authorized Signature Date
PAGE 191 of 346

ISSUE DATE YYYY/MM/DD
Company
A
Company
B
BROKER
Company
C
Company
D

INSURED'S FULL NAME AND MAILING ADDRESS
Company
E

COVERAGES

TYPE OF INSURANCE CO
LTR

LIMITS OF LIABILITY
(Canadian dollars unless indicated otherwise)

COMMERCIAL GENERAL LIABILITY

AUTOMOBILE LIABILITY

EXCESS LIABILITY

OTHER (SPECIFY)

CERTIFICATE HOLDER CANCELLATION

AUTHORIZED REPRESENTATIVE
Per:_______________________________________

CLAIMS MADE

OCCURRENCE

PRODUCTS AND/OR

COMPLETED OPERATIONS

PERSONAL INJURY

EMPLOYER'S LIABILITY

TENANT'S LEGAL LIABILITY

NON-OWNED AUTOMOBILE

HIRED AUTOMOBILE

DESCRIBED AUTOMOBILES

ALL OWNED AUTOMOBILES
LEASED AUTOMOBILES **

GARAGE LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM
EACH OCCURRENCE $
GENERAL AGGREGATE $

PRODUCTS - COMP/OP
AGGREGATE $
PERSONAL INJURY $
EMPLOYER'S LIABILITY $
TENANT'S LEGAL LIABILITY $
NON-OWNED AUTOMOBILE $
HIRED AUTOMOBILE $

BODILY INJURY

PROPERTY DAMAGE

COMBINED
$

BODILY INJURY
(Per person) $

BODILY INJURY
(Per accident) $

PROPERTY DAMAGE
$

EACH OCCURRENCE

AGGREGATE
$
$
$
$
$
$
$
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HUB International Insurance Brokers
400-4350 Still Creek Drive
Burnaby, BC V5C 0G5
PHONE: 604-269-1000
InTime Services Inc
2140 - 745 Thurlow Street
Vancouver, BC V6E 0C5
Insured Operations: Development, Sales & Service of Time Management, Staff Scheduling Software & Applications. USA and Worldwide Operations Included.

Limits of Liability are in USD
The following are added as Additional Insured on the Commercial General Liability policy but only with respect to liability arising from the operations of the Named Insured:

City of San Marino, and their officers, agents and employees acting in their official capacity as such.

City of San Marino
2200 Huntington Drive
San Marino, CA 91108
Certain Lloyd's U/W as arranged by CFC Underwriting Ltd. 45SKF24N
A
ESM0139891471
ESM0139891471
ESM0139891471
2024/02/28 2025/02/28 5,000,000
Errors & Omissions Liability
Cyber Liability
Limit of Liability - Per Claim
Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail 0 days written notice to the certificate holder named to the left, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives.

Aggregate
Network Security & Privacy
Cyber Incident Response
Legal & Regulatory Costs
5,000,000
5,000,000
5,000,000
5,000,000
5,000,000
500,000
5,000,000
75,000
A 2024/02/28 2025/02/28
5,000,000
5,000,000
5,000,000
5,000,000
X
X
X
X
X
X
X

Page 1 of 1 ends

San Marino City CouncilMay 8, 2024

San Marino City Council
May 8, 2024