AGENDA – OCTOBER 25, 2024 PAGE 1 of 200
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
ADJOURNED REGULAR MEETING OF THE
SAN MARINO CITY COUNCIL
FRIDAY, OCTOBER 25, 2024 AT 8:30 AM
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 – OCTOBER 25, 2024 PAGE 2 of 200
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.
PRESENTATION
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS 2024 UPDATE
NEW BUSINESS
1. APPROVAL OF LENSLOCK BODY-WORN AND VEHICLE MOUNTED
CAMERAS FOR THE POLICE DEPARTMENT
Recommendation: Staff recommends the City Council authorize the City Manager to execute a contract with LensLock, Inc. for body-worn cameras and in-car cameras, in the amount not to exceed $294,337.10 for the term ending October 31, 2029. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
AGENDA – OCTOBER 25, 2024 PAGE 3 of 200
“I move to authorize the City Manager to execute a contract with LensLock, Inc. for body-worn and in-car cameras, in the amount not to exceed $294,337.10 for the term ending October 31, 2029, and approve a COPS Fund FY 24/25 budget appropriation of $1,749.81.”
2. ACCEPT DONATION FROM ROTARY CLUB OF SAN MARINO IN THE AMOUNT OF $75,000 FOR THE LACY PARK PLAYGROUND
REPLACEMENT PROJECT AND INCREASE THE BUDGET FOR THE FIRST PHASE OF THE PROJECT TO $325,000, AUTHORIZE THE PARKS AND
PUBLIC WORKS DIRECTOR/CITY ENGINEER TO FINALIZE THE
DESIGN TO PROCURE AND INSTALL THE FIRST PHASE OF THE LACY
PARK PLAYGROUND REPLACEMENT PROJECT AND AUTHORIZE THE
CITY MANAGER TO EXECUTE THE AGREEMENT WITH THE SELECTED VENDOR IN AN AMOUNT NOT TO EXCEED $325,000
Recommendation: Staff recommends the City Council 1) accept a donation from the Rotary Club of San Marino in the amount of $75,000 for the Lacy Park Playground Replacement Project and increase the budget for the first phase of the project to $325,000, 2) authorize the Parks and& Public Works Director/City Engineer to finalize the design to procure and install the first phase of the playground replacement as described in the staff report, and 3) authorize the City Manager to execute the agreement with the selected vendor in an amount not to exceed $325,000. “I move to 1) accept a donation from the Rotary Club of San Marino in the amount of $75,000 for the Lacy Park Playground Replacement Project and increase the budget for the first phase of the project to $325,000, 2) authorize the Parks and& Public Works Director/City Engineer to finalize the design to procure and install the first phase of the playground replacement, and 3) authorize the City Manager to execute the agreement with the selected vendor in an amount not to exceed $325,000.”
CONSENT CALENDAR
3. AWARD OF A CONSTRUCTION AGREEMENT TO G2 CONSTRUCTION, INC. FOR THE PURCHASE AND INSTALLATION OF CATCH BASIN
TRASH AND DEBRIS CAPTURE DEVICES IN THE AMOUNT OF
$100,000
Recommendation: Staff recommends the City Council approve the procurement and installation of trash and debris capture devices from G2 Construction, Inc. in the amount of $100,000.
“I move to approve the Construction Agreement for the procurement and installation of trash and debris capture devices from G2 Construction, Inc. in the amount of $100,000.”
AGENDA – OCTOBER 25, 2024 PAGE 4 of 200
4. APPROVAL OF NOTICE OF COMPLETION FOR YEAR 3 OF THE ANNUAL
SIDEWALK REPLACEMENT PROGRAM
Recommendation: Staff recommends that the City Council accept Year 3 of the MultiYear 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 3 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.”
5. APPROVAL OF FY 2023-2024 BUDGET CARRYOVERS AND FY 2024- 2025 RE-BUDGETS AND FINAL FY 2023-2024 BUDGET ADJUSTMENTS Recommendation: Staff recommends the Council approve the requested FY 2023- 2024 carryovers, updates to the FY 2024-2025 re-budgets, and the budget amendments to the funds and accounts as noted in the attachments. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the requested FY 2023-2024 carryovers, updates to the FY 2024- 2025 re-budgets, and the budget amendments to the funds and accounts as noted in the attachments of the Staff Report.”
6. RECEIVE AND FILE FINANCIAL REPORT FOR 2ND HALF OF FISCAL YEAR 2023-24 (JANUARY 2024 TO JUNE 2024)
Recommendation: Staff recommends that 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 financial report reflecting the City’s revenues and expenditures as of June 30, 2024.”
7. COMMITMENT OF DONATIONS FUND YEAR-END BALANCE RESERVES Recommendation: Staff recommends that the City Council approve the accompanying resolution to commit the balance as of June 30, 2024, as noted in the attachments. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to adopt Resolution No. R-24-28 to commit the balance of $321,603 in the Donations Fund as of June 30, 2024.”
8. ADOPTION OF SIDE LETTER OF AGREEMENT BETWEEN THE SAN
MARINO POLICE OFFICERS ASSOCIATION AND THE CITY OF SAN
MARINO CONCERNING THE PROPOSED MODIFICATION TO SECTION
06.01 AND ADDITION OF SECTION 06.03 TO THE MEMORANDUM OF
UNDERSTANDING
AGENDA – OCTOBER 25, 2024
Recommendation: Staff recommends that the City Council adopt the Side Letter of Agreement between the San Marino Police Officers Association and the City of San Marino. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to adopt the Side Letter of Agreement between the San Marino Police Officers Association and the City of San Marino concerning the proposed modification to Section 06.01 and addition of Section 06.03 to the Memorandum of Understanding.”
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 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
CLOSED SESSION PUBLIC COMMENTS
CLOSED SESSION
The City Council will recess to closed session to discuss:
9. CONFERENCE WITH LABOR NEGOTIATORS
GOVERNMENT CODE 54957.6
City of San Marino Representative: Joe Montes, City Attorney Unrepresented Employee: City Manager
RECONVENE TO OPEN SESSION
CLOSED SESSION REPORT
ADJOURNMENT
Posted: 10/18/2024 ALISON WALKER
CITY CLERK
PAGE 5 of 200
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: John Incontro, Police Chief
Naved Qureshi, Police Commander
DATE: October 25, 2024
SUBJECT: APPROVAL OF LENSLOCK BODY-WORN AND VEHICLE
MOUNTED CAMERAS FOR THE POLICE DEPARTMENT
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Safe Community
• Priority Initiative
• Efficient, Responsive, and Effective City Services
BACKGROUND
Body-worn cameras have become increasingly prevalent in law enforcement agencies nationally. A body-worn camera (BWC) is a small device that records interactions between members of the public, victims, suspects, and trained law enforcement officers. These cameras are an effective tool to enhance the safety of officers and members of the public, improve evidence collection and documentation, reduce use of force encounters, increase civility and transparency, provide training opportunities, deter illegal and unprofessional conduct, and facilitate quicker resolutions and require fewer resources to investigate citizen complaints, prosecution, and lawsuits. Carl Warren & Company, LLC, the city’s property and liability third party administrator, has stated that having BWC footage would be helpful in law enforcement claims as they can provide very good insight as to what exactly happened.
During the Fiscal Year 2024-25 Budget Process, City Council approved BWCs as one of the police department’s priority initiatives and an objective for the coming year. This objective provides vital resources for the police department that will enable personnel to continue to provide the highest level of service to the community.
Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Steven Talt, Council Member
Calvin Lo, Council Member
Tony Chou, Council Member
, Council Member
PAGE 6 of 200
Public involvement in the decision to procure BWCs was imperative, as it ensured transparency and accountability in law enforcement practices. The city actively invited public comments on several occasions, hosting community meetings and forums to gather input and address concerns, fostering a collaborative approach to this important initiative. These events included, but were not limited, to the following:
Public Safety Commission Meetings:
July 17, 2023, November 20, 2023, December 18, 2023, January 22, 2024, March 18, 2024, April 15, 2024, October 14, 2024
City Council Meetings:
March 13, 2024, March 29, 2024, May 31, 2024, October 25, 2024, Budget Town Hall meeting with City Manager:
February 15, 2024
Budget Priority Initiative survey sent out to the public for comments/suggestions:
March 3, 2024 (due date)
DISCUSSION
Currently, our organization does not utilize body-worn cameras. However, there has been growing interest from both within our ranks and the community to explore their adoption.
Implementing BWCs within our organization is a significant step toward enhancing transparency and accountability. These cameras offer an unbiased record of interactions between our personnel and the public, fostering trust and clarifying incidents to further help the City Council’s Public Safety Excellence Priority Initiative. Their adoption requires careful consideration of the financial implications, including initial setup costs and ongoing maintenance. Balancing these expenses against long-term benefits, such as improved evidence collection and reduced litigation risks, is crucial for informed decision-making.
The San Marino Police Department embarked on a rigorous 30-day evaluation of three BWC vendors (Axon, Motorola, and LensLock) to identify the most suitable solution for our department needs. Each vendor was assessed based on several criteria, including cost, technological capabilities, and quality of service.
PAGE 7 of 200
Axon
Axon, a leading name in body-worn camera technology with a 25-year track record of serving law enforcement agencies, offered a compelling solution with its advanced features and high-quality equipment. However, despite its strong reputation and the total projected cost of $360,014 over five years, several concerns emerged during the evaluation process.
One significant issue was the quality of customer service. While Axon is known for its cutting-edge technology, the department experienced challenges with the responsiveness and support provided by the company. Effective customer service is crucial for addressing technical issues and ensuring smooth operation of the equipment, and any deficiencies in this area could lead to delays and operational disruptions.
Additionally, there was a notable concern regarding the potential for price increases. Axon's premium pricing model, while reflective of its high-quality offerings, also raises the risk of future cost escalations. This uncertainty about future costs could impact budget planning and overall financial feasibility for the department.
Another critical issue involved delays in Wi-Fi connectivity experienced by officers when reviewing video footage. Efficient and timely access to video evidence is essential for law enforcement operations, and any lag in connectivity can hinder the review process, potentially affecting the effectiveness of evidence management and the overall workflow of the department. These connectivity issues not only slow down the process but also introduce a risk of inefficiencies that could undermine the intended benefits of using body-worn cameras.
There are notable security concerns associated with Axon body-worn cameras.
A recent lawsuit alleges that these cameras contain Chinese-made chips that may be vulnerable to hacking. According to the claim made by a Californiabased artificial intelligence company, this vulnerability could jeopardize the security of sensitive data, including that of election officials, and potentially enable foreign interference in the U.S. election process.
While Axon's reputation and technology offer significant advantages, the concerns regarding customer service, potential price increases, and connectivity delays highlight important considerations.
PAGE 8 of 200
Motorola
Motorola, a prominent vendor in the body-worn camera market, offers a costeffective solution at $199,124 over five years, making it an appealing option for budget-conscious departments. However, despite the lower cost, there are several notable downsides associated with Motorola’s body-worn cameras that could impact their overall effectiveness.
One significant issue is the mixed feedback Motorola has received from various departments regarding their recent integration of body-worn cameras. The San Marino Police Department encountered problems with Motorola’s customer service and timely product delivery. Delays in receiving products and inadequate support can disrupt operations and hinder the department’s ability to effectively utilize the technology.
Additionally, officers reported concerns about the poor battery life of Motorola’s body-worn cameras. Inadequate battery performance can lead to frequent recharges, which may result in gaps in video coverage and undermine the reliability of the equipment. The ability to review videos directly from the device was also problematic, with officers facing difficulties in accessing and managing footage. This can further impede operational efficiency and delay the assessment of critical evidence.
In summary, while Motorola’s body-worn cameras are competitively priced, the issues with customer service, battery life, and video review capabilities highlight potential challenges. These factors could affect the overall functionality and effectiveness of the equipment, making it a less favorable option compared to vendors offering more robust support and reliable performance.
LensLock
LensLock has emerged as the most advantageous choice for the San Marino Police Department, with a total projected cost of $294,337.10 over five years.
This vendor provides a Criminal Justice Information Services (CJIS)-compliant solution and in addition to BWCs, would provide the department with in-car camera equipment at no additional cost. This will enhance project affordability, as the existing and aging in-car video equipment will be replaced with new equipment.
CJIS, a division of the FBI sets the standard that regulates data security and privacy for state, local, and federal law enforcement. All LensLock solutions confidently utilize the secure and FBI-CJIS compliant cloud storage provided by the Microsoft Azure Government Cloud. This exclusive cloud is accessible PAGE 9 of 200
only to U.S. federal, state, local, and tribal governments and their partners, and is operated by screened U.S. citizens. This is an important aspect of the project, as this compliance refers to the set of security standards that all organizations handling criminal justice information must adhere to.
In addition to competitive pricing, LensLock offers a range of sole-source services that further enhance its appeal. These include LensLock Video Services, which cover all-inclusive cameras, mounts, replacements, and unlimited data storage. LensLock Portal provides a robust digital evidence management system. LensLock provides unlimited outsourced redaction services at no additional charge, ensuring compliance and security in handling sensitive information. Furthermore, LensLock integrates Bluetooth technology for seamless connectivity and enhanced functionality. This service integrates law enforcement vehicles, body-worn cameras, and other cutting-edge technology to ensure cameras automatically record digital evidence.
LensLock’s customer service is tailored to the needs of smaller departments, providing highly professional, responsive, and supportive assistance. Their commitment to technology upgrades includes replacing all devices every 30 months and upgrading outdated in-car cameras, ensuring that the equipment remains current and effective. The equipment provided by LensLock is a lease service model, so the equipment is not owned by the city. A few benefits to this pricing model are reduced upfront cost, a structured payment plan, protection against outdated equipment (replaced every 30 months), and the city is not mired to costly equipment if they decide to change vendors. The integration of their systems on a single platform simplifies video data management, enhancing operational efficiency and allowing officers to focus on their core responsibilities without being hindered by fragmented technology.
The All-Inclusive Video Services package from LensLock offers a compelling advantage for the department. Under this package, the department is not responsible for any replacement costs of cameras or parts during the contract period. Additionally, the benefit of unlimited data storage means that the department will not need to worry about upgrading to larger servers or facing increased costs. This unique offering ensures that both data and equipment are covered at no extra charge, setting LensLock apart in the market.
LensLock’s Digital Evidence Management system integrates all video and image data into a single, secure cloud-based server. This streamlined solution enhances the efficiency of disseminating, retaining, and managing digital evidence, significantly reducing the time required for these processes.
PAGE 10 of 200
Currently, the department's video systems are limited to in-car recording, capturing only a small portion of the evidence and missing key interactions occurring outside the vehicle. The existing audio recording system linked to the in-car cameras has a restricted range, limiting its effectiveness in capturing sound from the officer when they are too far away from the vehicle.
Implementing the Body-Worn Camera Program will ensure comprehensive coverage during public interactions. The LensLock proposal includes an upgrade of the department’s current in-car camera systems across all patrol vehicles with the added benefit of unlimited cloud storage. The proposal also includes expanding this storage to the drone program and incorporating advanced redaction software, aimed at simplifying the process of fulfilling Public Records Act requests and improving overall efficiency.
In conclusion, while Axon and Motorola are reputable and well-known vendors in the industry, LensLock stands out as the best choice for the San Marino Police Department. LensLock’s combination of cost-effectiveness, comprehensive warranty, excellent customer service, and operational efficiency makes it the most suitable option, aligning well with the department’s needs and budgetary considerations. The implementation of the BWC program will not result in the need for additional personnel or staffing.
Department Policy on Body-Worn Cameras
The body-worn camera policy outlines clear guidelines pertaining to activation criteria, data storage, and privacy protections to ensure adherence to legal standards and safeguard the rights of all individuals involved.
Ultimately, integrating BWCs into our operations signifies a commitment to professionalism and proactive engagement with our community. By navigating these discussions thoughtfully and inclusively, we can leverage technology to strengthen public trust, uphold transparency, and enhance the overall effectiveness of our services.
FISCAL IMPACT & PROCUREMENT REVIEW
The estimated cost includes body-worn cameras, all new in-car cameras, 5- year warranty with free replacement of body-worn cameras after 30 months, CAD integration with MARK 43, redaction software for the records manager for PRA requests, hosting of legacy and drone data, unlimited Cloud storage, and training. The first year includes installation costs and training. This request is eligible to be paid by the COPS Fund.
PAGE 11 of 200
Initial year cost of $61,947.42 will be funded by COPS Fund. The Adopted FY 24/25 Budget includes an appropriation of $60,197.61 in account # 233-30- 4613-0002. A budget adjustment is needed in the amount of $1,749.81 to cover the first-year cost. The increase in cost is due to additional body-worn cameras needed. The COPS fund can absorb this increased budget amendment.
Contract Years 2-5 will be included into each yearly Cops Fund budget at $58,097.42.
EQUIPMENT EXPENSE
Body-Worn Cameras & Data Plan $38,364
In-car Video & Data Plan $18,543
Tax $5,040.42
Total $61,947.42
BWC
Vendor Testing and Evaluation Critiques Cost
Axon
▪ Poor/Unresponsive customer service
▪ Did not provide redaction demo or updated
quote
▪ Camera warranty replacement never
confirmed by vendor
▪ Drone video service additional ($35,548.96
for 5 years)
▪ Two separate systems for BWC and in-car
cameras
▪ WiFi connectivity issues
▪ 37 BWCs with 4 docking stations sold
separately
$360,013.53
LensLock
▪ One system for BWC and in-car cameras
▪ In-car camera replacement
▪ Positive and timely customer service
interactions
▪ 30-month replacement for BWC and in-car
cameras
▪ CAD integration with Mark43
▪ Drone video integration included
$294,337.10
PAGE 12 of 200
▪ Officers tested/evaluated over 30 days and
found system optimal amongst all three
BWC products
▪ High-definition video quality
▪ Ease of operation
▪ 40 BWCs and 7 in-car cameras with
docking stations included
Motorola
▪ Two separate systems for BWC and in-car
cameras
▪ Battery died quickly
▪ In-field playback was slow
▪ Video uploads slowly
▪ Least desired for operability amongst
officers
▪ Redaction software was acceptable but not
as desired as LensLock’s software
▪ BWC had to be docked to review videos
▪ 37 BWCs with additional cost per battery
(total $4,070.00)
▪ Additional cost for WiFi and transfer
stations
$199,124.40
Potential Funding Source
The Police Department is currently in Phase II of the approval process for a federal grant earmarked for law enforcement agencies interested in establishing or expanding a BWC program. The grant award is in the amount of $80,000 and must be matched by the City of San Marino dollar for dollar. COPS funds are eligible for use for this match purpose. The performance period for this grant is three years beginning January 1, 2024, and concluding December 31, 2027. Once the grant is approved by the Bureau of Justice Assistance and Justice Systems Strategies, Inc. (JSS), staff will bring the acceptance of grant funds for Council approval.
LEGAL REVIEW
The City Attorney's office has reviewed this report and approved as to form.
RECOMMENDATION
Staff recommends the City Council authorize the City Manager to execute a contract with LensLock, Inc. for body-worn cameras and in-car cameras, in PAGE 13 of 200
the amount not to exceed $294,337.10 for the term ending October 31, 2029.
If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to authorize the City Manager to execute a contract with LensLock, Inc. for body-worn and in-car cameras, in the amount not to exceed $294,337.10 for the term ending October 31, 2029, and approve a COPS Fund FY 24/25 budget appropriation of $1,749.81.”
ATTACHMENTS
1. LensLock, Inc. Cost Proposal
2. Professional Services Agreement with LensLock, Inc.
3. Policy 439 – Body-Worn Camera Video (Draft Version 10-9-2024) PAGE 14 of 200
1 of 26
PROFESSIONAL SERVICES AGREEMENT
between
The City of San Marino
2200 Huntington Drive
San Marino, CA 91108
&
LensLock, Inc.
East Corporate Headquarters
3550 Buschwood Park Dr.
Suite 180
Tampa, FL 33618
This Professional Service Agreement (“the Agreement”) is made as of November 1, 2024 (the “Effective Date”), by and between LensLock, Inc. (“Consultant”), and the City of San Marino (“City”), a California municipal corporation, (collectively, “the Parties”).
PAGE 15 of 200
2 of 26
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 October 31, 2029 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 $294,337.10. 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 of greater than $30,000.
PAGE 16 of 200
3 of 26
4.0 Method of Payment
4.1. Consultant shall submit invoices to the City in accordance with Exhibit B for all services rendered pursuant to this Agreement. 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 for cause in the event Consultant fails to cure a default under this Agreement within thirty (30) calendar days after City has given Consultant notice of such default.
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 PAGE 17 of 200
4 of 26
restriction or limitation upon their use, duplication or dissemination by City upon final payment being made. 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 noninfringing 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. Andrew Lynch 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 PAGE 18 of 200
5 of 26
States Mail, first class postage prepaid and addressed to the party at the following addresses:
To City: City of San Marino
2200 Huntington Drive
San Marino, California 91108
Attn: City Manager
To Consultant: LensLock, Inc.
East Corporate Headquarters
3550 Buschwood Park Dr.
Suite 180
Tampa, FL 33618
Attn: Andrew Lynch
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. . Each party (the “Indemnifying Party”) agrees to indemnify, defend, and hold harmless the other party (the ”Indemnified Party”), its affiliates, directors, officers, employees, and agents, from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees and legal costs) arising out of or related to:
1. Any breach of the Indemnifying Party’s representations, warranties, or obligations under this agreement;
2. Any negligence, willful misconduct, or violation of law by the Indemnifying Party, its employees, or agents;
3. Any claims of bodily injury, death, or property damage caused by the Indemnifying Party's products, services, or operations.
The Indemnified Party shall promptly notify the Indemnifying Party in writing of any such PAGE 19 of 200
6 of 26
claim, and the Indemnifying Party shall assume the defense of such claim with counsel reasonably satisfactory to the Indemnified Party. The Indemnified Party shall cooperate with the Indemnifying Party in the defense of the claim, at the Indemnifying Party’s expense.
Neither party may settle any claim in a manner that adversely affects the rights of the other party without the other party’s prior written consent.
All duties of party’s 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 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 PAGE 20 of 200
7 of 26
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. General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
12.3 Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident.
12. 4 Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
12.5 Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).
Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees, and volunteers.
12.6 Cyber security and privacy liability. Consultant shall procure and maintain insurance with limits of $5,000,000 per occurrence/loss, $10,000,000 general aggregate, which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including but not limited to personally identifiable information (PII), protected health information (PHI), security codes, access codes, passwords, etc.
b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks.
PAGE 21 of 200
8 of 26
c. Liability arising from introducing a computer virus into or otherwise causing damage to vendor (first-party) or customer’s (third party) computer, computer system, network, or similarly related property and the data, software, and programs. d. Liability arising from professional misconduct or lack of the requisite skill required for performing services defined in the contract or agreement. e. Costs associated with restoring, updating, or replacing data. f. Costs associated with a privacy breach, including notification costs, customer support, forensics, crises management, public relations consulting, legal services of a privacy attorney, credit monitoring, and identity fraud resolution services for affected individuals.
If coverage is maintained on a claims-made basis, consultant shall maintain such coverage for an additional three (3) years following termination of the contract.
12.7 Cyber technology errors and omissions. Consultant shall procure and maintain insurance with limits of $5,000,000 per occurrence/loss, $10,000,000 general aggregate, which shall include the following coverage:
a. Liability arising from the unauthorized release of information for which an entity has the legal obligation to keep private, such as personally identifiable information (PII) and protected health information(PHI).
b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks. c. Liability arising from the failure of technology products (software and hardware) required under the contract for Consultant to properly perform the intended services. d. Claims alleging the failure of computer security that result in the transmission of malicious code, deletion, destruction or alteration of data, or the denial of service. e. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights. f. Liability arising from the rendering, or failure to render, professional services. g. Defense costs in regulatory proceedings (state and federal) involving a violation of privacy laws or intellectual property rights.
h. Crisis management and other expert services.
If coverage is maintained on a claims-made basis, the Consultant shall maintain such coverage for an additional three (3) years following termination of the contract.
PAGE 22 of 200
9 of 26
Other provisions or requirements
12.8. Proof of insurance. Consultant shall provide certificates of insurance and required endorsements to Agency as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Agency for the contract period and any additional length of time required thereafter. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
12.9 Duration of coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or sub-consultants.
12.10 Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or self- insurance shall be called upon to protect it as a named insured.
12.11 Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by Agency will be promptly reimbursed by Consultant or Agency will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Agency may cancel this Agreement.
12.12 Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.
12.13 Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its subconsultants.
PAGE 23 of 200
10 of 26
12.14 Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Consultant of non-compliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder.
12.15 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.
12.16 Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the Agency with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the Agency immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.
12.17 Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
12.18 Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing.
12.19 Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any crossliability exclusions.
12.20 Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and PAGE 24 of 200
11 of 26
assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the Agency, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this Agreement. This provision does not relieve the Consultant of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor.
Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to Agency for review.
12.21 Agency’s right to revise specifications. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the Agency and Consultant may renegotiate Consultant’s compensation.
12.22 Self-insured retentions. Any self-insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
12.23 Timely notice of claims. Consultant shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
12.24 Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
12.25 Indemnification, Hold Harmless, and Duty to Defend. To the maximum extent permitted by law, Consultant shall defend, indemnify, and hold City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively “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, its agents, or its subcontractors in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other PAGE 25 of 200
12 of 26
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.
12.26 Consultant must obtain executed indemnity agreements with provisions identical to those in Section 0 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, 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.
13.0 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.
14.0 Labor Certification
14.1. 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.
14.2. Consultant certifies that in the performance of the 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 PAGE 26 of 200
13 of 26
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.
14.3. 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.
14.4. 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.
15.0 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.
16.0 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.
17.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
18.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.
19.0 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.
20.0 Headings
Headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.
21.0 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 PAGE 27 of 200
14 of 26
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.
22.0 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 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.
23.0 Prohibited Interests; Conflict of Interest
23.1. 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.
23.2. 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.
23.3. 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 PAGE 28 of 200
15 of 26
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.
24.0 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.
25.0 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.
26.0 Corporate Authority
26.1. 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.
26.2. 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 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.
PAGE 29 of 200
16 of 26
CITY OF SAN MARINO
By:_________________________
Philippe Eskandar
City Manager
Attest:
By:_________________________
City Clerk
Approved as to Form:
By:_________________________
Joseph Montes
City Attorney
CONSULTANT
By:_____________________________
(Sign)
Name:__________________________
(Print)
Title: __________________________
(Print)
By:_____________________________
(Sign)
Name:__________________________
(Print)
Title: __________________________
(Print)
PAGE 30 of 200
17 of 26
Exhibit A
Scope of Services
CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”. Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope of Services.
Body Worn Camera (BWC), Security Camera Systems, and In Car Video Services herein shall be performed under the direction of the San Marino Police Department’s (DEPARTMENT) Information Technology Division (ITD) Director, or their designee, and shall perform the Services in cooperation with DEPARTMENT personnel. LensLock (CONTRACTOR) shall provide a comprehensive service offering including, but not limited to, hardware/software, data storage, and professional services in accordance with the following requirements:
1) Hardware
a. CONTRACTOR shall provide forty (40) Gen 12.5 Body Worn Cameras (BWC) b. CONTRACTOR shall provide unlimited BWC mounts, and accessories as reasonably requested by the Department
c. CONTRACTOR shall provide seven (7) Hawk 6 In-Car Video (ICC) Systems with installation
d. CONTRACTOR shall provide seven (7) Bluetooth Integrated Technology System (BITS) auto activation devices
e. CONTRACTOR shall provide unlimited Dock and Go BWC docking stations at no cost to DEPARTMENT
f. CONTRACTOR shall provide forty (40) LensLock BWC and seven (7) ICC warranty replacements for all equipment every thirty (30) months g. All equipment shall be supplied by CONTRACTOR during the Contract.
DEPARTMENT shall assume ownership of all equipment at Contract termination, regardless of the amount of the equipment.
PAGE 31 of 200
18 of 26
2) Software
a. CONTRACTOR shall provide all software subscriptions and software maintenance included within the Contract’s annual payment. i. CONTRACTOR shall provide unlimited access to CONTRACTOR’s online platform services and customized mobile app.
b. CONTRACTOR’s online platform services shall provide an intuitive, ease-ofuse dynamic “roles and permissions” based dashboard/management console to manage stored data. Search functions shall include the ability to search by officer’s name, case number, location, data, event category, device ID, vehicle, room or other tags customizable by the DEPARTMENT. c. CONTRACTOR’s online platform services shall accept multiple types of evidence, from multiple sources including, but not limited to, audio and video files and digital photographs.
d. CONTRACTOR’s online platform services shall provide categorized data based on customized crime activity labels with adjoining retention policies as set by the DEPARTMENT.
i. CONTRACTOR’s online platform services shall provide a configurable structure which automatically manages digital evidence based on the type of event and retention period by the DEPARTMENT.
e. CONTRACTOR’s online platform services shall provide for secure digital sharing of evidence, both internally and externally, without data loss or altering shared data, other than redacted video, outside the DEPARTMENT to approved destinations. CONTRACTOR shall maintain original copy of all redacted evidence.
i. Approved destinations shall be able to view and store data within the data management software and shall receive notifications when data is available to view or is set to expire.
ii. Chain-of-custody shall be logged and auditable; access to evidence, including the ability of third parties to view, duplicate, re-share, or download shall be controlled by the DEPARTMENT.
f. CONTRACTOR’s online platform services shall perform materially with an uptime percentage of no less than 99.9% and professional services shall be performed in a timely and professional manner by qualified personnel with the technical skills, training, and experience to perform such Services.
PAGE 32 of 200
19 of 26
i. CONTRACTOR shall provide DEPARTMENT permission to access and make changes to the BWCS’ & ICC’s operations through the online platform services.
3) Professional Services & Special Considerations
a. CONTRACTOR shall replace all BWCs, every thirty (30) months during the Contract term.
b. CONTRACTOR shall replace all ICCs, every thirty (30) months during the Contract term.
c. CONTRACTOR shall provide a warranty in accordance with the Limited warranty Section. CONTRACTOR shall provide the details of all warranties, such as limited and extended warranties, which are applicable to the services and equipment being provided to the DEPARTMENT.
d. CONTRACTOR shall provide Computer Aided Dispatch (CAD) integration i. All footage shall include attached metadata including, but not limited to, user, case numbers, date and time, locations, and other available data customizable by the City.
e. CONTRACTOR shall provide unlimited professional grade outsourced redaction at no cost to DEPARTMENT.
i. Any additional features or functionality associated with CONTRACTOR’s BWCs or online platform services may be
communicated by DEPARTMENT to CONTRACTOR on an on-going basis. However, any requests for additional equipment and implementation of new or additional services must be pre-authorized by DEPARTMENT and any additional fees or amendments to the contract shall only be executed, in writing, upon approval or delegated authority by the City.
4) Leased Body-Worn Cameras
a. Scope of Lease
i. The Lessor agrees to provide the Lessee with body-worn cameras (BWCs) as specified in Exhibit A. This agreement covers the leasing of equipment, maintenance, and technical support for the duration of the lease term.
ii. Lease Term
PAGE 33 of 200
20 of 26
1. The lease term shall commence on November 1, 2024 and continue for five (5) years ending March 31, 2030, unless terminated earlier in accordance with the provisions herein.
2. Return of Equipment
a. Upon termination of the lease, the DEPARTMENT shall
return all leased BWCs in good working condition, normal wear and tear excepted. The DEPARTMENT reserves
the right to assess any damages or missing equipment.
b. Termination
i. Either party may terminate this agreement with
thirty (30) days written notice. Immediate
termination may occur in the event of a breach of
contract or failure to comply with the terms herein.
CONTRACTOR shall provide Project Manager and key personnel who will be responsible for project oversight and delivery of the SYSTEM. The Project Manager shall be the single point of contact for the DEPARTMENT and will be responsible for the management, implementation, and on-going troubleshooting of the SYSTEM during installation. The Project Manager shall coordinate efforts with the DEPARTMENT designee. The Project Manager will develop, in consultation with the DEPARTMENT, a detailed implementation plan for the BWC and ICC system. The project timeline and implementation plan shall include details for all phases of activity for the project including all deliverables and major milestones.
1) Data Storage & Security
a. The terms and conditions contained in SERVICES TERMS, are incorporated herein as though fully set forth.
b. CONTRACTOR shall provide unlimited and scalable Cloud data storage via Microsoft Azure.
c. Uptime percentage shall be no less than 99.9%.
d. Cloud service shall provide chain-of-custody reports, detailed audit logs, and workflow procedures that protect against unauthorized access or accidental deletion of videos.
e. CONTRACTOR’s data storage facility must be located within the contiguous United States of America.
i. Software shall require individual accounts per user, and roles and permission continuum to ensure data security and integrity. Group PAGE 34 of 200
21 of 26
permission access levels shall be customizable by DEPARTMENT and shall be available to assign to multiple users.
f. CONTRACTOR must meet Criminal Justice Information Services (CJIS) Security Policy compliancy and be aware of all Federal Bureau of Investigation (FBI) – CJIS Security addendums. CONTRACTOR shall sign specific agreements with the DEPARTMENT as the Contracted Government Agency (CGA) for the purposes of providing services. The agreement incorporates a security addendum certification form signed by the CONTRACTOR and CONTRACTOR’s personnel.
g. CONTRACTOR must retain employee records and fingerprints of all personnel with access to City data. CONTRACTOR shall have each personnel sign the FBI/CJIS security addended Certification Form and shall maintain these records on file for the duration of employment and shall be made available to the DEPARTMENT upon request. i. Ownership of Documents, DEPARTMENT shall own all rights to the data, including but not limited to, metadata, audio, and video stored at the CONTRACTOR’s host site, (if applicable) with no transfer, conveyance, assignment, or sharing of data ownership to/with the hosting provider.
ii. At the end of the Contract term the DEPARTMENT does not renew the Contract, the CONTRACTOR shall provide the DEPARTMENT a complete leave-behind solution including the following:
1. On-premises archive inclusive of all data, including video, spanning the life of the Contract.
2. Data must be cataloged in a readily identifiable and usable manner (file type) and shall be searchable by criteria (i.e.
DR#, Deputy Name/ID, Date/Time).
3. Data must be delivered in an expeditious manner, as
requested by City, in order not to lose captured video
evidence before retention policies cause a deletion of
evidence prior to getting the data on premises.
4. Allowance of entry back into the system until confirmation all evidence has been transferred or provided on flash
drives/DVD’s that have been tested and cataloged.
5. Delivery of a solution interface including users and data management functionality.
PAGE 35 of 200
22 of 26
6. Solution shall be self-contained and comprised of modern server and storage hardware.
7. Provide mass data transfer capabilities via S3 storage targets originating for the CONTRACTOR cloud platform (or Cloud provider).
8. Adequate time shall be allotted for this process after termination of the Contract, based on the amount of data retained by the CONTRACTOR.
9. CONTRACTOR will import the DEPARTMENT’s existing
ICC and BWC video data, stored within on-premise servers, to the CONTRACTOR’s cloud based storage solution.
2) Training & Support
a. CONTRACTOR shall provide a team of specialized client service managers for all ICC, and BWC questions and/or concerns.
CONTRACTOR shall provide a plan for in-depth technical training for administrators on system components which shall include the use and management of the ICCs, BWCs, and Digital Evidence Management System (DEMS).
b. CONTRACTOR shall provide on-site implementation and all training services at no cost to DEPARTMENT.
i. During ICC, and BWC implementation, CONTRACTOR shall communicate weekly at minimum with the ITD Director, or their designee, to provide implementation status updates.
c. Technical support services shall be provided twenty-four (24) hours, seven (7) days per week, three hundred and sixty-five days (365) per year (366 days per leap year), via telephone, email, and live chat at no additional cost to DEPARTMENT.
d. CONTRACTOR shall respond (on-site and/or remote) and resolve technical support issues within the following timeframes:
Security
Level
Status Impact Response
Time
Resolve
Time
Level 1 Critical
Disruption to the
whole organization
(Service Down)
<30
minutes
ASAP
0-4 hours
PAGE 36 of 200
23 of 26
Level 2 Important
Severe Impact on
Service Availability
(Service Degraded or
Unusable)
<30
minutes
ASAP
0-4 hours
Level 3 Normal
Non-Critical
(Service Degraded
with No Impact to
Service Availability)
<4 hours Next Day
e. Failure to provide services, data storage, and/or access to the CONTRACTOR’s online platform services and customized mobile app, due to matters within the CONTRACTOR’s control, within the agreed upon timeframes, may incur $250.00 per day in liquidated damages until fully functional.
f. CONTRACTOR shall provide all labor, materials, transportation, supervision, and management to fulfill the requirements of the Contract as established herein
3) The Department and Consultant agree to establish and monitor the following performance metrics to evaluate the effectiveness and functionality of the body-worn cameras (BWCs):
a. Performance Objectives
i. Video Quality: BWCs shall record video at high definition (HD), with no less than 99% of recorded footage meeting this standard. ii. Battery Life: BWCs must operate continuously for a minimum of [specify hours, e.g., 12 hours] during normal usage conditions. iii. Storage Capacity: Each BWC shall have a storage capacity of 64GB, allowing for at least 12+ hours of continuous recording time before requiring data transfer.
iv. Durability: BWCs must meet industry standards for durability, including resistance to water (IP66), dust, and impact as specified. b. Data Integrity and Security
i. Data Encryption: All recorded data must be encrypted both in transit and at rest to ensure the confidentiality and integrity of the data.
PAGE 37 of 200
24 of 26
ii. Access Control: Access to recorded data shall be restricted to authorized personnel only, and access logs must be maintained for accountability.
c. Incident Reporting and Response
i. The CONSULTANT shall provide a mechanism for the Department to report incidents related to BWC performance, including:
1. Technical malfunctions
2. Quality issues
3. Data retrieval problems
ii. The CONSULTANT agrees to respond to all reported incidents within and to provide a resolution plan within the expected timeframe set herein this agreement.
d. Periodic Performance Reviews
i. The DEPARTMENT and CONSULTANT shall conduct performance reviews once a year to assess the performance metrics outlined above. Review meetings shall include:
1. Discussion of performance data
2. Identification of any issues or areas for improvement
3. Recommendations for enhancements or adjustments to
BWC operations
e. Reporting Requirements
i. The Consultant shall provide the Department with a comprehensive performance report, including metrics and incident summaries, at the conclusion of each review period. This report shall include:
1. Total recorded hours
2. Incidents of technical failure
3. User feedback and satisfaction ratings
f. Remedies for Non-Performance
i. If the BWC performance metrics fall below the agreed-upon standards for two consecutive review periods, the Department may:
1. Request remedial action from the Consultant
2. Seek financial restitution for affected operations
3. Terminate the lease agreement if issues persist without resolution
PAGE 38 of 200
25 of 26
g. Continuous Improvement
i. Both parties commit to a collaborative approach for continuous improvement of BWC performance, including exploring new technologies and upgrades that enhance functionality and user experience.
PAGE 39 of 200
26 of 26
Exhibit B
Fee Schedule
Date of First Payment: Novmeber 1, 2024
Original Balance: $ 294,337.10
Total Number of Payments: Five (5)
Number of Payments Per Year: One (1)
Payment
No.
Due Date Contract
Payment
Applied to
Interest
Applied to
Principal
1 01-Nov-24 $61,947.42 $0.00 $61,947.42
2 01-Nov-25 $58,097.42 $0.00 $58,097.42
3 01-Nov-26 $58,097.42 $0.00 $58,097.42
4 01-Nov-27 $58,097.42 $0.00 $58,097.42
5 01-Nov-28 $58,097.42 $0.00 $58,097.42
PAGE 40 of 200
LensLock Regional Manager
Sean O’Grady
(949) 690-6552
[email protected]
13125 Danielson Street, Suite 112
Poway, CA 92064
U.S.A.
PAGE 41 of 200
ATTENTION:
San Marino Police Department
2200 Huntington Dr
San Marino, CA 91108
Customer ID #24-582-CA
Summary of 5-Year Payments
QTY DESCRIPTION UNIT PRICE YEAR 1 COST
32 Gen 12.5 Body Worn Camera Service – UNLIMITED Data Plan $1,099.00 $35,168.00 4 Gen 12.5 Body Worn Camera Service – UNLIMITED Data Plan – Part Time $799.00 $3,196.00 4 Gen 12.5 Body Worn Camera Service – UNLIMITED Data Plan - Admin $0.00 INCLUDED 7 Hawk 6 In-Car Video Service – UNLIMITED Data Plan $2,099.00 $14,693.00 7 Bluetooth Integrated Technology System (BITS) $299.00 INCLUDED 7 LensLock Pro-Grade Installation – One-Time Fee $550.00 $3,850.00 7 LensLock Customer MDT Application $0.00 INCLUDED
TBD Ubiquity Access Points $335.00 INCLUDED
47 60-Month Hardware Guarantee $0.00 INCLUDED
40 New Body Worn Cameras Every 30 Months $0.00 INCLUDED 7 New In Car Video Systems Cameras Every 30 Months $0.00 INCLUDED Unlimited CAD Integration – Mark 43 $0.00 INCLUDED
Unlimited Hosting of Legacy & Drone Data $0.00 INCLUDED Unlimited LensLock FBI-CJIS Redaction Services $0.00 INCLUDED Unlimited 24/7/365 Premier Customer Support $0.00 INCLUDED Unlimited LensLock Evidence Management Software Access $0.00 INCLUDED Unlimited District Attorney & Defense Based Software Licenses $0.00 INCLUDED SUBTOTAL $56,907.00
SALES TAX
(9.5%) $5,040.42
TOTAL $61,947.42
Payment Amount
Initial 5 Months Free – 11/01/2024 – 03/31/2025 $24,207.26 Year 1 – 04/01/2025 – 03/31/2026 $61,947.42
Year 2 - 04/01/2026 – 03/31/2027 $58,097.42
Year 3 - 04/01/2027 – 03/31/2028 $58,097.42
Year 4 - 04/01/2028 – 03/31/2029 $58,097.42
Year 5 - 04/01/2029 – 03/31/2030 $58,097.42
Proposal Number: #24-582-CA
Proposal Valid for 90 Days
Services: BWC & ICV Service
Payment Terms: Net 30
Payment Due: November 30, 2024
Length of Service: 65 Months
Start Date: November 1, 2024
SALES REPRESENTATIVE:
Sean O’Grady
Regional Manager
Phone: (949) 690-6552
Email: [email protected]
Issued: October 10, 2024
PAGE 42 of 200
CLIENT: San Marino Police Department
Phillipe Eskandar – City Manager
_____________________________________________
(Name - Title)
_____________________________________________
(Signature)
_____________________________________________
(Date)
VENDOR: LensLock, Inc.
Andrew Lynch – Executive Vice President
_____________________________________________
(Name – Title)
_____________________________________________
(Signature)
____________________________________________
(Date)
LensLock Terms and Conditions
Thank you SINCERELY for your business!
PAGE 43 of 200
Policy
439
San Marino Police Department
San Marino PD CA Policy Manual
Copyright Lexipol, LLC 2024/10/09, All Rights Reserved.
Published with permission by San Marino Police Department ***DRAFT*** Body Worn Camera Video - 1 Body Worn Camera Video
439.1 POLICY
The San Marino Police Department (SMPD) recognizes that transparency and accountability in law enforcement operations builds trust with the community we serve.
The Department has adopted the use of body worn cameras (BWC) for use by sworn personnel, and has established procedures for sworn members of the Department to follow regarding their use. These procedures will ensure reliable recording of enforcement and investigative contacts with the public.
439.2 BODY WORN CAMERA ASSIGNMENT
All sworn personnel will be assigned a BWC and shall activate their BWC prior to initiating any enforcement or investigative activity involving a member of the public. 439.3 BODY WORN CAMERA EQUIPMENT
Body Worn Camera equipment consists of a body-mounted camera with a built-in microphone camera mount and a mobile application. The BWC is worn on the outside of an officer's uniform, facing forward to capture video and audio recordings. The BWC video and audio recordings are stored digitally on the BWC and can be viewed on a handheld viewing device or an authorized computer. An officer cannot modify, alter, or delete video or audio once recorded by the BWC. 439.4 SYSTEM OPERATIONAL STANDARDS
• In-Car Video and Body Worn Camera installations should be based on officer safety requirements and the vehicle device manufacturer's recommendations • The In-Car Video and Body Worn Camera system should be configured to minimally record for 30 seconds prior to activation an event
• Employees shall not erase, alter, reuse, modify or tamper with In-Car Video and Body Worn Camera recordings
• The In-Car Video and Body Worn Camera system provides continuous background recording and the ability to go back in time and capture video (not audio) from an event when the record button was not pressed
439.5 SWORN PERSONNEL RESPONSIBILITIES
Only sworn personnel that have completed the Department-approved training on the policy, use, and operation of the BWC and the media storage system will be allowed to operate the BWC and media storage system.
Prior to going into service, each sworn employee will properly equip him/herself to record audio and video when initiating any investigative or enforcement activity involving a member of the public including but not limited to:
PAGE 44 of 200
San Marino Police Department
San Marino PD CA Policy Manual
Body Worn Camera Video
Copyright Lexipol, LLC 2024/10/09, All Rights Reserved.
Published with permission by San Marino Police Department ***DRAFT*** Body Worn Camera Video - 2 • Vehicle stops;
• Pedestrian stops (including officer-initiated and consensual encounters); • Calls for service;
• Code 3 responses (including vehicle pursuits) regardless of whether the vehicle is equipped with In-Car video equipment;
• Foot pursuits;
• Searches;
• Arrests;
• Uses of force;
• In-custody transports;
• Witness and victim interviews;
• Crowd management and control involving enforcement or investigative contacts; and • Other investigative or enforcement activities where, in the officer's judgement, a video recording would assist in the investigation or prosecution of a crime or when a recording of an encounter would assist in documenting the incident for later investigation or review
439.6 SUPERVISOR'S RESPONSIBILITIES
Sworn supervisors shall:
• Ensure that officers assigned BWC Equipment have completed Department-required training and are familiar with applicable policies and procedures; • Conduct periodic inspections of officers assigned BWC equipment and ensure that Body Worn Cameras are properly affixed to the officers' uniforms and fully operable; • Ensure officers confirm all BWC video recordings have been uploaded at the end of their shift; and
• Review relevant BWC recordings prior to submitting any administrative reports (e.g. use of force investigations, pursuits, officer-involved traffic crashes After conducting an inspection of an officer's assigned BWC equipment, the supervisor shall document the inspection in his or her Daily Team Report. If any of the BWC equipment is found to be defective, the supervisor must ensure that the equipment is removed from service and immediately replaced. The supervisor must complete a memorandum documenting the incident and also notify the Administrative Sergeant, via email, regarding the equipment that was taken out of service. The Administrative Sergeant shall arrange for repair, replacement or disposal of unserviceable equipment per City of San Marino City Code.
Recordings Level II, III, and IV Use of Force Incidents – Supervisor's Responsibilities PAGE 45 of 200
San Marino Police Department
San Marino PD CA Policy Manual
Body Worn Camera Video
Copyright Lexipol, LLC 2024/10/09, All Rights Reserved.
Published with permission by San Marino Police Department ***DRAFT*** Body Worn Camera Video - 3 Supervisors investigating Use of Force (UOF) incidents shall, when available, allow involved officers to review their BWC recordings and, if deemed necessary, review other BWC recordings to ensure complete and accurate reports and documentation of the incident. A Level II-Use of Force includes an injury requiring transport to the hospital for medical treatment but not admission. A Level III-Use of Force includes a complaint of pain, evaluation by paramedics in the field but not transported. A Level IV-Use of Force includes resistive handcuffing. Resistive handcuffing is more than a firm grip but no medical treatment is required.
Recordings In Level I-Use of Force Incidents – Supervisor's Responsibilities Supervisors must take possession of an officer's BWC equipment when the officer is involved in a Level I-Use of Force to ensure the recording has stopped, power off the camera, and maintain custody until transferred to Investigative personnel. A Level I-Use of Force includes officer involved shootings, great bodily injury to the person used force on or an injury requiring admission to a hospital.
Note: Supervisors shall not view the BWC recording without express authorization of the Level IUse of Force Investigators. The Investigators, upon arrival at the scene of a Level I-Use of Force incident, shall take possession of any involved officer's BWC and complete the upload process. 439.7 OPERATIONS COMMANDER'S RESPONSIBILITIES
The Operations Commander shall:
• Conduct roll call training on expectations, use of maintenance of the BWC equipment; • Review deviations from BWC policy and procedures and take appropriate action; • Ensure all BWC anomalies identified by the Administrative Sergeant have been addressed and any appropriate documentation is returned to the Administrative Sergeant for Operations Commander review;
• Review supervisor inspections regarding defective equipment, systems, and ensure necessary steps are taken to have them repaired;
• Review Daily Teams Reports to ensure inspections of sworn personnel assigned BWC equipment are being conducted and documented. If field inspections are not properly documented, the Commander must take appropriate action to correct the deficiency and appropriately document the findings and the corrective action taken. 439.8 ADMINISTRATIVE SERGEANT'S RESPONSIBILITIES
The Administrative Sergeant shall:
• Verify officers have been trained on the use and deployment of BWC; • Document all employees who have been trained on the use of BWC on the Department Training Tracking log;
• Ensure all new sworn personnel receive proper training on the use and deployment of BWC equipment;
PAGE 46 of 200
San Marino Police Department
San Marino PD CA Policy Manual
Body Worn Camera Video
Copyright Lexipol, LLC 2024/10/09, All Rights Reserved.
Published with permission by San Marino Police Department ***DRAFT*** Body Worn Camera Video - 4 • Review all email documenting inoperable equipment and facilitate the equipment's repair;
• Deliver all inoperable equipment to the Department contact with the BWC vendor. • Notify the Operations Commander in the event that it appears that BWC equipment has been tampered with.
439.9 INABILITY TO ACTIVATE PRIOR TO INITIATING ENFORCEMENT OR
INVESTIGATIVE ACTIVITY
If an officer is unable to activate his or her BWC prior to initiating any of these enforcement or investigative activities, the officer shall activate the device as soon as it is practical and safe to do so. As in all enforcement and investigative activities including vehicle and pedestrian stops, the safety of the officers and members of the public are the highest priority. The officer shall document the reason for not activating his or her BWC.
439.10 RECORDING OF ENTIRE CONTACT
The BWC shall continue recording until the investigative or enforcement activity involving a member of the public has ended. If enforcement or investigative activity with a member of the public resumes, the officer shall activate the BWC device and continue recording. 439.11 DOCUMENTATION REQUIRED FOR FAILING TO ACTIVATE BODY WORN
CAMERA AND RECORDING THE DURATION OF THE CONTACT
If an officer is unable or fails to activate the BWC prior to initiating an enforcement or investigation contact, fails to record the entire contact, or interrupts the recording for any reason, the officer shall set forth the reasons why a recording was not made, was delayed, was interrupted, or was terminated in the comments field of the incident in the Computer Aided Dispatch (CAD) System.
Additionally, notification shall be made to the Watch Commander and the Operations or Detective Commander for review and disposition. Documentation shall be made in the CAD summary or Incident Report.
439.12 CONFIDENTIAL NATURE OF RECORDINGS
Body Worn Video use is limited to enforcement and investigative activities involving members of the public. The BWC recordings will capture video and audio evidence for use in criminal investigations, administrative reviews, and other proceedings protected by confidentiality laws and Department policy. Officers shall comply with all applicable laws and policies regarding the confidential nature of Department records, reports, and information. Unauthorized use or release of BWC recordings may compromise ongoing criminal and administrative investigations or violate the privacy rights of those recorded. Therefore, any unauthorized use or release of BWV or other violation of confidentiality laws and Department policies are considered serious misconduct and subject to disciplinary action.
PAGE 47 of 200
San Marino Police Department
San Marino PD CA Policy Manual
Body Worn Camera Video
Copyright Lexipol, LLC 2024/10/09, All Rights Reserved.
Published with permission by San Marino Police Department ***DRAFT*** Body Worn Camera Video - 5 439.13 PROHIBITION AGAINST MODIFICATION OF RECORDINGS
Officers shall not copy, edit, alter, erase, or otherwise modify in any manner BWC recordings except as authorized by law or Department policy. Any violation of this provision is considered serious misconduct and subject to disciplinary action.
439.14 NOTICE TO MEMBERS OF THE PUBLIC OF RECORDING
Officers are encouraged to inform individuals that they are being recorded when feasible. Officers, however, are not required to obtain consent from members of the public when the officers are lawfully in the area where the recording takes place. For example, an officer who lawfully enters a business or residence shall record any enforcement or investigative activity, as set forth above, and is not required to obtain consent from members of the public who may also be present. In addition, officers are not required to play back BWC recordings to allow members of the public to review the video footage.
439.15 PROHIBITION AGAINST RECORDING PERSONNEL IN NON-ENFORCEMENT OR
INVESTIGATIVE SITUATIONS
Body Worn Camera equipment shall only be used in conjunction with official law enforcement and investigative activities involving members of the public. Body Worn Cameras shall not be used to record department personnel during briefings, meetings, roll calls or while in private spaces such as locker rooms or restrooms.
439.16 DEPARTMENT-ISSUED EQUIPMENT ONLY
Officers assigned BWC equipment shall not use any other non-department issued video or audio equipment, such as personally owned video or audio recorders, to record enforcement or investigative activities involving members of the public unless expressly authorized by a supervisor. Uniformed supervisory personnel, however, may use digital recording devices other than a BWC to record interviews when conducting use of force or personnel complaint investigations. Nothing in this provision precludes personnel from utilizing authorized still photography equipment.
439.17 PROPERTY OF THE DEPARTMENT
Body Worn Camera equipment and all data, images, video, and metadata captured, recorded, or otherwise produced is the sole property of the department and any unauthorized release is strictly prohibited. All recordings made by members on any department-issued device at any time, and any recording made while acting in an official capacity of this department, regardless of ownership of the device it was made on, shall remain the property of the department. Members shall have no expectation of privacy or ownership interest in the content of these recordings. 439.18 INSPECTION AND TESTING OF EQUIPMENT
The Body Worn Camera equipment is the responsibility of the assigned officer and will be used with reasonable care to ensure proper functioning and reliability. At the start of a field assignment, PAGE 48 of 200
San Marino Police Department
San Marino PD CA Policy Manual
Body Worn Camera Video
Copyright Lexipol, LLC 2024/10/09, All Rights Reserved.
Published with permission by San Marino Police Department ***DRAFT*** Body Worn Camera Video - 6 officers shall inspect and test their BWC and make sure it is undamaged and operating properly.
The inspection will be documented by the on-duty Watch Commander or his or her designee. 439.19 DAMAGED, MALFUNCTIONING, OR INOPERABLE EQUIPMENT If an officer's BWC equipment malfunctions or is damaged, the officer shall notify an onduty supervisor (who shall notify the Operations Commander) and email the Administrative Sergeant. The officer is required to provide the malfunctioning or damaged equipment to the Administrative Sergeant and obtain functional BWC equipment before deploying to the field. 439.20 IDENTIFYING RECORDINGS
For each incident recorded on the BWC, officers shall identify the event type and other information using the BWC equipment software that best describes the content of the video (i.e. arrest, traffic strop, report). Body Worn Camera recordings, however, are not a replacement for written reports or other required documentation such as a CAD summary.
439.21 STORAGE OF RECORDINGS
At the end of each shift, officers shall upload all BWC recordings to secure storage by docking the device at the station.
439.22 VIEWING OF BODY WORN CAMERA RECORDINGS BY OFFICERS The accuracy of police reports, officer statements, and other official documentation is essential for the proper administration of justice and complying with the Department's obligation to maintain full and complete records of enforcement and investigative activities. Investigators, supervisors, prosecutors, and other officials all rely on complete and accurate records to perform their essential duties and responsibilities. Officers are therefore required to review BWC recordings on their assigned device or authorized computer prior to documenting an incident, arrest, search, interview, use of force, or other enforcement or investigative activity to ensure that their reports, statements, and documentation are accurate and complete. 439.23 PROCEDURE FOR REVIEWING BODY WORN VIDEO RECORDINGS IN LEVEL IUSE OF FORCE INCIDENTS If an officer is involved in a Level I-Use of Force, such as an officer involved shooting, an officer shall not review his or her BWC recording until authorized by the assigned Level I Use of Force Investigator. Once authorized, the officer shall review his or her BWC recording, and any other relevant BWC footage as deemed necessary and appropriate by the assigned Level I Investigation Supervisor, prior to being interviewed by investigators. An officer may have an employee representative present during the review of the BWC recordings without the Level I-Use of Force investigator or supervisor present. The separating and monitoring of officers involved in a Level I-Use of Force shall be maintained during the review of BWC recordings and a review shall not occur jointly among involved employees.
PAGE 49 of 200
San Marino Police Department
San Marino PD CA Policy Manual
Body Worn Camera Video
Copyright Lexipol, LLC 2024/10/09, All Rights Reserved.
Published with permission by San Marino Police Department ***DRAFT*** Body Worn Camera Video - 7 439.24 DOCUMENTATION OF RECORDINGS
Officers are required to document any portion of an incident captured on the BWC system under the heading "Photos, Recordings, Video, In Car Video, BWC, and Digital Imaging" on all administrative and investigative reports (e.g. "The suspect's spontaneous statement and actions were recorded via BWC"). If an employee is unable to review the BWC recording before submitting a report, the officer must document in this section the circumstances that prevented his or her review. If any portion of an incident resulting in an arrest was captured by BWC equipment, officers shall identify the existence of a BWC recording on all necessary forms. 439.25 BODY WORN CAMERA DATA STORAGE AND OPEN RECORDS LAWS Critical Incidents
A video or audio recording that relates to a critical incident, as defined, is to be withheld for 45- calendar days if disclosure would substantially interfere with an investigation or would endanger the successful completion of the investigation.
A critical incident includes:
• Officer-involved shooting, regardless of whether a person was hit by gunfire (this does not include negligent unintentional discharges or officer-involved animal shootings) • A use of force resulting in death or serious bodily injury requiring hospitalization; • Any other police encounter where the Chief of Police or City Manager determines release of video is in the public's interest.
• All deaths while an arrestee/detainee is in the custodial care of the Department unless all of the following conditions exist:
(a) The Los Angeles County Coroner makes a preliminary determination that the death was caused by natural, accidental, or undetermined means; (b) The incident did not involve a use of force or evidence of foul play; (c) There is no misconduct which would rise to the level of negligence or risk management issues associated with the incident to include: commission of a criminal offense, neglect of duty, violation of Department policies, rules, or procedures, or conduct which may tend to reflect unfavorably upon the employee to the Department; (d) The investigation reveals that there were no violations of Department policies or procedures which directly led to the death;
(e) The toxicology report supports the Coroner's determination; and (f) The investigation reveals no problematic evidence or substantially conflicting witness statements regarding the incident.
Body Worn Camera recordings from "non-evidentiary incidents" shall be stored for 60 days. If an incident involved a use of force, arrest, or complaint against an officer or the Department, Body Worn Camera recordings shall be stored for a minimum of two years, or any time relevant to the criminal prosecution. (Assembly Bill 69 – 2015, Assembly Bill 1953 – 2016) PAGE 50 of 200
San Marino Police Department
San Marino PD CA Policy Manual
Body Worn Camera Video
Copyright Lexipol, LLC 2024/10/09, All Rights Reserved.
Published with permission by San Marino Police Department ***DRAFT*** Body Worn Camera Video - 8 Storage procedures shall ensure that evidentiary chains of custody are preserved, records of access and deletion of data are retained permanently and shall indicate where body camera data will be stored (to include records or logs of access and deletion of data). (Assembly Bill 1953 – 2016)
Assembly Bill 459 (2017) specifies that the California Public Records Act does not require disclosure of a video or audio recording that was created during the commission or investigation of the crime of rape, incest, sexual assault, domestic violence or child abuse that depicts the face, intimate body part, or voice of a victim or the incident depicted in the recording. The law also requires a law enforcement agency to justify withholding such a video or audio recording by demonstrating that the public interest served by not disclosing the recording clearly outweighs the public interest served by disclosure of the recording. The law authorizes a victim who is a subject of such a recording to be permitted to inspect the recording and to obtain a copy of the recording.
PAGE 51 of 200
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Amber Shah, Parks & Public Works Director/City Engineer DATE: October 25, 2024
SUBJECT: ACCEPT DONATION FROM ROTARY CLUB OF SAN MARINO IN THE AMOUNT OF $75,000 FOR THE LACY PARK
PLAYGROUND REPLACEMENT PROJECT AND INCREASE
THE BUDGET FOR THE FIRST PHASE OF THE PROJECT TO
$325,000, AUTHORIZE THE PARKS AND PUBLIC WORKS
DIRECTOR/CITY ENGINEER TO FINALIZE THE DESIGN TO
PROCURE AND INSTALL THE FIRST PHASE OF THE LACY
PARK PLAYGROUND REPLACEMENT PROJECT AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE
AGREEMENT WITH THE SELECTED VENDOR IN AN
AMOUNT NOT TO EXCEED $325,000
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Fiscally Responsible and Transparent City Government
Inviting and Relevant City Facilities
Safe Community
Well-Maintained Infrastructure
BACKGROUND
The existing play structures at the Lacy Park playground are over 10 years old and showing signs of age. Additionally, the manufacturer of the equipment is no longer in business and, as a result, the City is unable to obtain the required replacement parts necessary to address the pieces that have begun to show wear and will not be able to repair any equipment if it breaks or otherwise becomes unusable. Given these circumstances, beginning in FY 2022-2023 the City Council appropriated $150,000 for the Lacy Park playground and Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
PAGE 52 of 200
formed a subcommittee comprised of members of both the Public Safety and Recreation Commissions to ensure there was sufficient input as staff evaluated options for the playground.
By early 2023, the freestanding 3-D net climber had become unusable and was ultimately removed due to safety concerns and the unavailability of replacement parts. A playground safety audit was also conducted by a Certified Playground Safety Inspector (CPSI) in 2023 to determine if repairs were feasible without a full replacement of the equipment. Unfortunately, the audit confirmed that was not an option, identified additional pieces of equipment showing signs of wear, and further recommended the City begin planning for the full replacement of the playground in the very near future.
Based on the result of the audit and subsequent meetings with the Playground Committee, staff recommended a multi-year phased approach to replace the playground during the FY 2024-2025 budget process. Staff’s recommendation was based, in large part on the fact that the Lacy Park playground is the City’s only playground and taking a proactive approach to the playground’s replacement now instead of waiting for one of the larger play structures to become unusable in the future will avoid a much longer closure of the playground. The phased approach will also allow the play structure that is not being replaced at that time to remain open during construction of the other phase.
On May 31, 2024, the City Council approved the Fiscal Year 2024-2025 Operating and Capital Improvement Program (CIP) budgets. As part of the CIP budget, the City Council approved the appropriation of $250,000 for the first phase of the Lacy Park Playground Management Program. In addition, the Rotary Club of San Marino is now generously providing a donation of $75,000 to also be used towards the playground replacement.
Of note, approximately $50,000 of that funding is coming from San Marino Rotary Charities and approximately $25,000 from the Paul Elieff Memorial Fund managed by the San Marino Rotary Club. The Paul Elieff Memorial Fund was established by the San Marino Rotary Club in honor of Paul Elieff, a long time San Marino resident who passed away several years ago. The fundraising campaign received many donations from community members in honor of Paul Elieff and in order to contribute towards a local project that would commemorate his impact on the City. Staff met with members of the San Marino Rotary Club as well as Peter Elieff, brother of Paul, to discuss the contribution to the playground replacement which was supported by all.
Staff is seeking the City Council’s acceptance of the donation from Rotary as well as authorization for the Parks & Public Works Director/City Engineer to PAGE 53 of 200
finalize the design to procure and install the first phase of the project.
DISCUSSION
Staff has been in contact with multiple playground vendors over the course of this process to discuss potential design options for the new equipment as well as a phasing process that is within the City’s budget. Based on these discussions, staff proposed to renovate the playground over a four-year period with all playground equipment replaced in the first 2 phases; • Phase 1 (FY 2024-2025): Replacement of the 5-12 years playground structure & swing set
• Phase 2 (FY 2025-2026): Replacement of the 2-5 years playground structure & new freestanding
• Phase 3 (FY 2026-2027): Replacement of playground surfacing • Phase 4 (FY 2027-2028): Replacement of site furnishings Based on the prior removal of the 3-D net climber and the current condition of the existing playground structure for the 5-12 year age group, staff recommends replacing the 5-12 structure along with the swing set in the first phase. Damage to the existing 5-12 structure includes; the overhead ring ladder hardware showing signs of wear, the incline chain climber entrance to the tree house has significant rubber chain coating damage, the integrated shade structure canopy is missing, and one of the post tree toppers was cracked and recently had to be removed for safety. Increasing the current budget of $250,000 to $325,000 with the generous donation of $75,000 by the Rotary Club and the Paul Elieff Memorial Fund will enable the City to replace both the 5-12 structure and the swing set in the first phase, which will provide the greatest flexibility in redesigning the playground space to accommodate a larger structure that is more appropriate for this age group while also helping to reduce the chance of injury from children running back and forth between the 2-5 and 5-12 structures in front of the swing set.
As noted earlier, staff has been in contact with multiple prospective vendors to design, procure and install the new playground equipment. After careful consideration, staff narrowed down the selection to procure and install playground equipment through either Pacific Play Systems, Inc. or RecWest Outdoor Products, both located in Southern California with offices in Carlsbad and Westlake Village, respectively. The primary criteria staff considered for this selection focused on:
1. Responsiveness and understanding of the City’s goals and budget for the project, along with the proximity of the vendor to the City to assist with any issues that may arise with the equipment in the future.
PAGE 54 of 200
2. Quality and reputation of the playground equipment in the industry, along with manufacturing in the United States will reduce time to receive replacement parts if needed in the future.
3. Length of time the playground equipment manufacturer has been in business to help minimize the risk of unavailability of replacement parts in the future if the manufacturer was no longer in business.
Both vendors offer playground equipment manufactured in the United States with Pacific Play offering equipment manufactured by Playcraft Systems in Oregon and RecWest offering equipment manufactured by Landscape Structures in Minnesota. Both have been manufacturing playground equipment for more than 30 years and each maintain a catalog of all the parts they have made in order to be able to readily provide replacement parts in the future if needed. Staff will be presenting the preliminary designs from both vendors for the Council’s consideration before moving forward with the final selection incorporating any feedback received during the presentation.
Both equipment manufacturers are part of cooperative purchasing alliances, Sourcewell, Omnia and/or CMAS, that manages the solicitation process and awards contracts on behalf of government and non-profit agencies. The selected vendor will provide pricing for the alliance that provides the most competitive pricing for the equipment. Agencies that purchase supplies and equipment through a cooperative purchasing alliance benefit from lower costs by combining the purchasing power of more than 50,000 government, education, and non-profit organizations. As such, the purchase would be in compliance with the City’s procurement policy per SMMC 2.06.05.B.6 and bidding requirements may be waived.
FISCAL IMPACT & PROCUREMENT REVIEW
The City’s adopted FY 2024-2025 adopted budget includes an appropriation of $250,000 in Account No. 394-50-4600-7039 for the Lacy Park Playground Management Program in the Capital Improvement budget. Supplementing the budget with the donation of $75,000 from the Rotary Club of San Marino and the Paul Elieff Memorial Fund in Account No. 281-50-4600-7039 would increase the total budget for the first phase of this project to $325,000.
The Finance Director has reviewed this Staff Report for compliance with San Marino City Code §02.06.05.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
PAGE 55 of 200
RECOMMENDATION
Staff recommends the City Council 1) accept a donation from the Rotary Club of San Marino in the amount of $75,000 for the Lacy Park Playground Replacement Project and increase the budget for the first phase of the project to $325,000, 2) authorize the Parks & Public Works Director/City Engineer to finalize the design to procure and install the first phase of the playground replacement as described in the Staff Report, and 3) authorize the City Manager to execute the agreement with the selected vendor in an amount not to exceed $325,000.
“I move to 1) accept a donation from the Rotary Club of San Marino in the amount of $75,000 for the Lacy Park Playground Replacement Project and increase the budget for the first phase of the project to $325,000, 2) authorize the Parks & Public Works Director/City Engineer to finalize the design to procure and install the first phase of the playground replacement, and 3) authorize the City Manager to execute the agreement with the selected vendor in an amount not to exceed $325,000.”
ATTACHMENTS
1. Lacy Park Playground Management Program CIP Form
PAGE 56 of 200
CITY OF SAN MARINO
FY 202-202CAPITAL BUDGET REQUEST
Capital Request Name:
Capital Request
Description (Summary):
Location:
Proposing Department Contact Person Expense Type
Estimated Total
Cost
Capital Request
Labor Source
Multi-Year Funding Cycle
FY
FY
FY
FY
FY
202/202
Estimated
Total
SOURCE
Source Key: CE (Capital Equipment), CC (Capital Construction), D (Donations), PC (Prop C), MR (Measure R)00 0HDVXUH0
,
GT (Gas Tax), TDA (Transportation Development Act), PA (Prop A), MW (Measure W), &236 &236*UDQW
O (Other)
Photo of Equipment and/or Map Showing Project Location
Lacy Park Playground Management Program
Multi-year phased replacement of playground equipment and improvements to playground areas to improve long-term safety and increase accessibility
Citywide
Public Works Amber Shah Parks and Grounds
$ 250,000 Ongoing Project/Program
Contractor
$ 250,000 $ 250,000 $ 350,000 $ 150,000 $ 0 $ 1,000,000 CE $ 243,900 CE $ 250,000 CE $ 350,000 CE $ 150,000 CE CE $ 993,900 $ 0
D $ 6,100 D D D D D $ 6,100
$ 0
$ 0
257
PAGE 57 of 200
CITY OF SAN MARINO
FY 202-202 CAPITAL BUDGET REQUEST
Request Description and Justification
(Provide a description of your request that includes a justification describing the benefit of the expenditure to the department/City) Financial Summary Section
Estimated Costs Amount Funding Source(s) Amount
Acquisition Capital Construction (394)
Plans/Specs/Engineering Capital Equipment (591)
Construction Donations (281)
Contingencies General Fund (101)
General Fund Costs* Other:
Other: Total
Total
*Ongoing Costs to General Fund (Provide cost and detail) General Fund Cost
What Fiscal Year
Description of General Fund Costs
The existing play structures at the Lacy Park playground are over 10 years old and showing signs of age. In order to ensure the safety of the playground and its users, staff is recommending a multi-year phased approach to replace the equipment as well as replace the existing wood chips with rubberized surfacing.
The City formed a subcommittee comprised of members of both the Public Safety and Recreation Commissions in 2023 to evaluate options for the playground. A playground safety audit was also conducted to determine if repairs are feasible without a full reconstruction. Based on the results of the audit and discussion with the Playground Committee, a full-scale replacement of the playground is recommended in the near future, as replacement parts for the existing equipment are no longer available should the equipment fail. Staff is recommending accomplishing this replacement via a multi-year phased approach, as detailed below:
FY 24-25 and FY 25-26: Replacement of equipment structures FY 26-27: Replacement of wood chips with rubberized surfacing FY 27-28: Installation of furnishings
$ 243,900
$ 250,000
$ 6,100
$ 250,000
$ 250,000
FY 24-25
Donations
258
PAGE 58 of 200
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Amber Shah, Parks & Public Works Director/City Engineer DATE: October 25, 2024
SUBJECT: AWARD OF A CONSTRUCTION AGREEMENT TO G2
CONSTRUCTION, INC. FOR THE PURCHASE AND
INSTALLATION OF CATCH BASIN TRASH AND DEBRIS
CAPTURE DEVICES IN THE AMOUNT OF $100,000
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Fiscally Responsible and Transparent City Government
Safe Community
Well-Maintained Infrastructure
BACKGROUND
The State Water Resources Control Board (SWRCB) works in coordination with nine Regional Water Boards to implement the Federal Water Pollution Control Act (Clean Water Act) to preserve, protect, enhance and restore water quality throughout California. Pursuant to the Clean Water Act, the State’s Municipal Storm Water Program regulates storm water discharges from municipal separate storm water systems (MS4s) through the issuance of MS4 Permits.
The Los Angeles Regional Water Quality Control Board Order No. R4-2012- 0175, as amended by State Water Board Order WQ 2015-0075, regulates discharges of storm water and non-storm water from the MS4s operated by the Los Angeles County Flood Control District, Los Angeles County and 84 municipal permittees (including the City of San Marino) in a drainage area that encompasses more than 3,000 square miles and multiple watersheds. The Los Angeles County MS4 Permit requires Permittees to reduce the level of pollutants, including trash, debris and sediment, from entering the area’s water bodies from the storm sewer systems owned or operated by the Permittees.
Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
PAGE 59 of 200
In 2015, the SWRCB adopted Resolution 2015-0019 (Resolution) amending the Water Quality Control Plan for Ocean Waters of California (California Ocean Plan) to control trash impacts to the surface waters of California. This Resolution finds that trash in California’s surface water is a pervasive problem and adversely affects numerous beneficial uses including, but not limited to, wildlife habitat, marine habitat and human water contact and non-contact recreation. Studies have shown that trash is predominantly generated on land and then transported to surface waters through the storm drain system. This Resolution establishes a statewide narrative water quality objective and implementation requirements to control trash. The SWRCB directed each of the nine Regional Water Quality Control Boards to incorporate trash provision requirements into their MS4 Permit. The City is subject to this mandate which requires the installation of trash capture devices that capture litter and trash down to 5 mm in size, to prevent this debris from reaching receiving waters such as rivers, creeks and the Pacific Ocean.
In 2018, Los Angeles County voters approved Measure W, that created the Safe Clean Water Program (SCWP) and allowed for the collection of a special parcel tax of 2.5 cent ($0.025) per square foot of impermeable area on private property in the LA County Flood Control District. Through Measure W, the SCWP provides local, dedicated funding to increase regional water supply, improve water quality, and enhance communities throughout Los Angeles County with forty percent (40%) of the funding from the SCWP allocated to cities as local return. On average, the City has received approximately $235,000 per year the past four years to address local stormwater and urban runoff challenges and opportunities.
On May 31, 2024, the City Council adopted the Fiscal Year 2024-25 Operating and Capital Improvement Program (CIP) budgets. As part of CIP budget, the City Council approved an appropriation of $100,000 for the procurement and installation of trash and debris capture devices in catch basins utilizing Measure W Safe Clean Water Program funds. The installation of these devices will help prevent trash, debris and other objects from entering the storm drain system and polluting the stormwater, helping ensure compliance with State and Regional Water Board regulations.
DISCUSSION
The procurement and installation of trash and debris capture devices is a continuation of a City program that began in 2020, during which ARS-CLTM curb-opening screens were installed in 72 City-owned catch basins by G2 Construction, Inc. The program continued in FY 23-24 when 30 new devices were installed in City-owned catch basins. This program is part of an ongoing effort to comply with MS4 Permit requirements to keep trash, debris and PAGE 60 of 200
sediment from entering the storm drain system. There are currently 78 Cityowned catch basins remaining that will need trash and debris capture devices installed. The City has planned to retrofit the catch basins in multiple phases to spread construction costs over multiple years. G2 Construction, Inc. provided a proposal for the fabrication and installation of thirty-nine (39) new full capture systems in City-owned catch basins. Additionally, G2 will also fabricate and install curb-opening devices in seven (7) catch basins that currently do not have a curb screen. The total cost for this work is $100,000.
Trash and debris capture devices are unique products that must be customized and fabricated for each catch basin in order for the device to function properly.
G2’s proprietary ARS-CLTM curb-opening screens and CPS-ModTM Full Capture Screens are unique patented storm water treatment devices made from 304 stainless steel that are designed and custom fabricated by G2 to the specific dimensions of each specific catch basin or inlet. This enables these devices to last much longer than the 10-year warranty period.
The ARS-CLTM curb-opening screens effectively stop all trash and debris that is ¾” or greater from entering the catch basins during dry weather. These screens capture 85% to 90% of debris that typically flows into the catch basins, clog the 5mm holes of the CPS-ModTM screens, and impair their treatment capacity. The City’s street sweeping program then collects these pollutants. The CPS-ModTM Full Capture System is effective as the final lineof-defense when trash and debris escape past the ARS-CLTM screens during heavy storm events. The CPS-ModTM patented design stops 100% of particles 5mm or larger from exiting the catch basin and flowing downstream. This device is also certified by the State Water Board as a Full-Capture System.
Staff has evaluated G2’s Proposal and determined that the products produced by G2 (specifically, the CPS-MOD™ & ARS-CL™ Screens) are uniquely suited, proprietary products that will both fit within the City’s existing infrastructure and match existing facilities for the purposes of maintenance efficiency. The CPS-MOD™ & ARS-CL™ Screens are compatible with, and are an integral component of, the City’s existing infrastructure, and the continued use of the screens would facilitate the continuity of maintenance and support of its trash and debris capture devices.
The City’s Municipal Code Section 2.06.05.B.6 allows the City to make purchases from bids received by the County, State, or other public agency.
This process is sometimes known as “piggy-backing”, and allows the City to utilize the formal bidding results of other agencies when purchasing specialized equipment. G2 has been awarded a master agreement with the County of Orange (Contract No. MA-080-20011478) to furnish and install Trash and Debris Capture Devices on County-owned property (“County PAGE 61 of 200
Agreement”). Section 15 of the County Agreement establishes a Regional Cooperative Agreement (RCA) that permits non-County public agencies to execute subordinate contracts for the same services during the effective dates of the County Agreement, which is currently through June 30, 2025. Under the County Agreement, the RCA terms, conditions, and pricing shall be extended to all subordinate contracts issued. The City’s agreement with G2, if awarded, is intended to be consistent with the terms, conditions, and pricing available through the County Agreement.
FISCAL IMPACT & PROCUREMENT REVIEW
The City’s adopted FY 2024-25 adopted budget includes an appropriation of $100,000 in Account #246-46-4600-8026 for the Trash Capture Filter Program. The quote from G2 Construction, Inc. for the purchase and installation of trash and debris capture devices utilizing pricing from the County of Orange’s Master Agreement is $100,000. This purchase will be made solely utilizing Measure W Safe Clean Water Program funds, with no impact to the City’s General Fund.
The purchase and installation of the trash and debris capture devices is in compliance with the City’s procurement policy, as the Department will be using a cooperative purchasing agreement in accordance with SMCC 02.06.05.B.6.
The Finance Director has reviewed this staff report for compliance with San Marino City Code §02.06.05.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends the City Council approve the procurement and installation of trash and debris capture devices from G2 Construction, Inc. in the amount of $100,000.
“I move to approve the Construction Agreement for the procurement and installation of trash and debris capture devices from G2 Construction, Inc. in the amount of $100,000.”
ATTACHMENTS
1. Proposal from G2 Construction
2. Draft Maintenance Service Agreement with G2 Construction PAGE 62 of 200
3. Map of Proposed & Existing Catch Basin Devices
4. Orange County Public Works Master Agreement
5. Trash Capture Filters Program CIP Form
PAGE 63 of 200
Proposal For
CITY of SAN MARINO
CPS-Mod™ Full-Capture Systems
& ARS-CL™ Curb-Opening Screens
in City-Owned Catch Basins
October 9, 2024
Prepared For:
Amber Shah, P.E.
Parks & Public Works Director / City Engineer
City of San Marino
2200 Huntington Drive
San Marino, CA 91108
626.300.0787
Prepared By:
Eric H. Taylor
G2 Construction, Inc.
714.679.2550
[email protected]
PAGE 64 of 200
G2 Construction Proposal CITY OF SAN MARINO - City Owned CBs Lic. #801253 - A, C8, C60
1352 E. Borchard Ave.
Santa Ana, CA 92705
714.748.4242
PROPOSAL for CITY of SAN MARINO
Catch Basin Trash Device Project
Customer: City of San Marino Prepared:
Proposal #:
10/9/2024
Public Works Department 241009-S
2200 Huntington Drive
San Marino, CA 91108
Eric H. Taylor
Contact: Amber Shah, P.E. By: Eric H. Taylor
Public Works Director / City Engineer
626.300.0787
G2 Construction, Inc.
714.679.2550
<[email protected]> [email protected]
DESCRIPTION
G2 Construction (G2) proposes the fabrication and installation of G2's patented catch basin trash devices in San Marino City-Owned catch basins (CBs). G2 will collect the required field data, then fabricate and install 39 G2 CPS-Mod™ certified Full Capture Systems . G2 will also fabricate and install G2 ARS-CL™ curb-opening devices in 7 CBs that do not currently have a curb screen.
Installation work to be performed at Prevailing Wage rates and certified payroll submitted to DIR.
G2 will perform all work except for catch basin cleaning. Sub-Contractor Ron's Maintenance (RMI) will clean the CBs prior to CPS-Mod installation.
The project's pricing will match and piggyback on G2's existing Master Purchase Agreement with Orange County Public Works MA-080-20011478. G2 will provide the following services for this project:
Description Qty
50 Price
$56
Unit Sub-Total
$2,800 Field Review & Measurements (Locating CBs & Recording Data). Enter and format data for Application. 1. /CB
Fabricate and install 39 CPS-Mod™ FULL CAPTURE SYSTEMS and perform
2. technical install (prevailing wage). Devices made of 304 stainless steel with 5mm perforations.
Device Model / Size Qty Price Unit Sub-Total
A.
B.
CPS-Mod - up to 9.0 sqft filtration
CPS-Mod - 9.1-11.0 sqft filtration
38 1
$1,524
$1,718
/CPS-Mod
/CPS-Mod
$57,912
$1,718
Totals Full Capture System Devices: 39
1 of 2 PAGE 65 of 200
G2 Construction Proposal CITY OF SAN MARINO - City Owned CBs continued
Description Sub-Total
C.
Qty Price Unit
CPS-Mod Special Conditions
C.1
C.2
C.3
C.4
Heavy Duty CPS-Mod add
Custom CPS-Mod add
6 2
1 2
$450
$500
$756
$350
/device
/device
/device
/CB
$2,700
$1,000
Custom Product Design (3 hrs) & Drawing $756
Catch Basin Prep. $700
See Attached highlighted MA Agreement for products and services included.
Fabricate ARS-CL™ curb-opening screens and install 7 catch basins. There will
3. be approximately 26 unique ARS-CL™ screens and installed (prevailing wage). Devices made of 304 stainless steel with 3/4" filtration holes.
Device Model W Size Screens Qty Price Unit
/CB
Sub-Total
A.
B.
D.
E.
ARS-CL-05
ARS-CL-07
ARS-CL-14x
ARS-CL-28x
5' (1)
(2)
(4)
(8)
2 2
1 2
$1,435
$2,516
$4,426
$7,843
$2,870
$5,032
$4,426
$15,686
7' /CB
/CB
/CB
14'
28'
Totals ARS-CL Catch Basins: 7
4. Catch Basin Cleaning prior to installs.
CB cleaning performed by sub-contractor RMI.
39 $56 /CB $2,184
5. Traffic Control during installation (days) 1 $2,427 /Day $2,427 6 Free
7 8
Photo of installed device.
Provide project management for installation.
Project Bonds
Free
$2,589
Project Total: $100,000
2 of 2 PAGE 66 of 200 3
DocuSign Envelope ID: DCA2CF3D-555D-4553-B506-8785B6DBD25E Counꢀ ofOrange, OC Pubꢁc Works
G2 Consꢂuction, Inc.
MA-080-20011478
Trash andDebris Capture Devices
CONTRACT MA-080-20011478
WITH
G2 CONSTRUCTION, INC.
FOR
TRASH AND DEBꢀS CAPTURE DEVICES
THIS CONTRACTMA-080-20011478 ꢀr Trash and Debꢊis Capture Devꢃces ("Conꢐractꢌ) is made and entered ꢃnꢐo as of ꢁe date ꢂlly executed by and between ꢁe Counꢑy of Orange, a polꢃꢐꢃcal subdꢃvꢃsꢃon of the State of Calꢃꢀꢄa; ("Countyꢌ) and G2 Consꢅctꢃon, ꢆc., wꢃꢁ a place of business at 1352 E.
Boarcꢓard Ave., Santa Ana, CA 92705 (ꢉConꢐꢊacꢐor"), with a County and Contractor someꢐꢃmes ꢃndꢃvꢃdually reꢇꢈed to as ꢉPaꢊꢋꢌ or collectꢃvely as "Paꢊꢐꢃesꢌ.
ATTACHMENTS
THIS CONTRACT ꢃs comprꢃsed of thꢃs document and ꢐꢓe ꢀllowꢃng Aꢐtachments, wꢓꢃch are aꢐꢑached hereꢐo and ꢃncoꢍorated by reꢎrence ꢃnꢐo thꢃs Conꢏacꢐ:
Attachment A - Scope ofWork
Atꢐacꢓmenꢐ B - Contractor Prꢃcꢃng
RECITALS
WHEREAS, Conꢏactor and County are enterꢃng ꢃnꢐo ꢐhꢃs Contracꢐ for Trash and Debrꢃs Captꢙre Devꢃces ; and,
WHEREAS, County solꢃcꢃꢐed Conꢏacꢐ ꢀr Trasꢓ and Debrꢃs Capꢐure Devꢃces as seꢐ ꢀrꢑh heꢊeꢃn, and Conꢏactor represented that ꢃꢐ ꢃs qualꢃfied to provꢃde Trash and Debꢊis Capture Devꢃces ꢐo the County as ꢒer set ꢀrꢑh ꢓere; and,
WHEREAS, Contractor agrees ꢐo provꢃde Trasꢓ and Debrꢃs Captꢙre Devices ꢐo ꢁe County as ꢂrꢑꢓer seꢐ ꢀꢊꢑh ꢃn ꢁe Scope of Work, atꢐached hereꢐo as Aꢐꢐachment A; and, WHEREAS, Counꢐy aꢔees ꢐo pay Conꢏactor based on tꢓe schedule of hourly rates seꢐ ꢀrꢑh in Paymenꢐ/Compensaꢐꢃon, atꢐacꢓed ꢓereto as Atꢑachment B; and, WHEREAS, ꢑꢓe Counꢑy Board ofSupervꢃsors ꢓas autꢓorꢃzed the Procuremenꢐ Officer or desꢃꢕee to entꢖ ꢃnto a Conꢐract ꢀr Trash and Debrꢃs Capꢐure Servꢃces wꢃth tꢓe Conꢏactor; and, NOW, THEREFORE, tꢓe Parꢐꢃes mutually aꢔee as ꢀllowsꢗ
DEFINITIONS
DPA sꢓall mean ꢐꢓe Deputy Purcꢓasꢃng Agenꢐ assꢃgned to thꢃs Contracꢐ.
ARTICLES
General Terms and Conditions:
A. Governing Law and Venue: Tꢓꢃs Conꢐꢊacꢐ ꢓas been negotꢃated and executed ꢃn ꢐꢓe state of Calꢃꢀꢘꢃa and shall be goveꢘed by and consꢏꢙed under tꢓe laws of the staꢐe ofCalꢃꢀꢘꢃaꢚ In the C026659 Pagel o/56
PAGE 67 of 200 4
G2 Construction, Inc. CITY OF SAN MARINO
Proposed Catch Basins and Devices
CPS-Mod™
Full Capture
System
ARS-CL™
Curb Screen
Model
Count CB_ID# Lat Long Street Cross Street
Model
1 2
1963259 34.13011
1963332 34.13270
1963333 34.13281
1963353 34.12963
1963368 34.12952
1964026 34.12719
1964088 34.11335
1964138 34.12468
1964139 34.12525
1964142 34.12110
1964143 34.12116
1964144 34.12097
1964153 34.12113
1964154 34.12159
1964173 34.11399
1964175 34.11002
1964188 34.11125
1964189 34.11098
1964190 34.11085
1964202 34.11364
1964203 34.11317
1964208 34.11026
-118.10741 SAN MARINO AVE
-118.10409 CANTERBURY RD
-118.10400 CANTERBURY RD
-118.10247 ROBLES AVE
-118.10219 ROBLES AVE
-118.10763 SAN MARINO AVE
-118.11555 ALHAMBRA RD
-118.10209 CUMBERLAND RD
-118.10733 SAN MARINO AVE
-118.11472 WEMBLEY RD
-118.11460 WEMBLEY RD
-118.11481 MONTEREY RD
-118.11995 VIRGINIA RD
ROBLES AVE Mod <=9.0
Mod <=9.0
Mod <=9.0
Mod <=9.0
Mod <=9.0
Mod <=9.0
Mod <=9.0
na
Existing ARS
Existing ARS
Existing ARS
Existing ARS
Existing ARS
Existing ARS
CHAUCER RD
CHAUCER RD
SIERRA MADRE BLVD
SIERRA MADRE BLVD
STRATFORD
3 4
5 6
7 DOMINGO DR
8 WILBURY RD ARS-CL-05
Existing ARS
Existing ARS
Existing ARS
Existing ARS
Existing ARS
Existing ARS
9 EUSTON RD Mod <=9.0
Mod <=9.0
Mod <=9.0
Mod <=9.0
Mod <=9.0
Mod <=9.0
Mod <=9.0
na
10 11
12 13
14 15
16 17
18 19
20 21
22 MONTEREY RD
MONTEREY RD
WEMBLEY RD
EUSTON RD
-118.12212 VIRGINIA RD SHENANDOAH RD
PLYMOUTH RD
WILSON AVE
-118.13101 WINTHROP RD
-118.13500 LOS ROBLES AV
-118.12587 SUSSEX RD
ARS-CL-14x
OAK KNOLL AV
CHELSEA RD
Mod <=9.0
Mod <=9.0
Mod <=9.0
Mod <=9.0
Mod <=9.0
Mod <=9.0
-118.12489 ROANOKE RD
-118.12481 ROANOKE RD
-118.12226 OLD MILL RD
-118.12261 ROANOKE RD
-118.12024 LORAIN RD
OAK KNOLL AV
ROANOKE RD
OLD MILL RD
Existing ARS
ST. ALBANS RD Existing ARS
PAGE 68 of 200 5
G2 Construction, Inc. CITY OF SAN MARINO
Proposed Catch Basins and Devices
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 1964215 34.11149 -118.11838 LORAIN RD PRISCILLA LN
LORAIN RD
Mod <=9.0
Mod <=9.0
Mod <=9.0
Mod <=9.0
Mod <=9.0
Mod <=9.0
Mod <=9.0
Mod <=9.0
Mod =9.0-11
Mod <=9.0
Mod <=9.0
Mod <=9.0
Mod <=9.0
Mod <=9.0
Mod <=9.0
Mod <=9.0
Mod <=9.0
Mod <=9.0
Mod <=9.0
Existing ARS
Existing ARS
Existing ARS
Existing ARS
Existing ARS
Existing ARS
1964216 34.11161
1964217 34.11180
1964218 34.11180
1964227 34.12109
1964228 34.12220
1964231 34.11396
2016166 34.12968
2016167 34.12934
2016168 34.12965
2016169 34.12924
2016385 34.12895
2017239 34.12475
2017240 34.12462
2017251 34.11372
2017252 34.11400
2017253 34.11392
2017254 34.11584
2017255 34.11581
-118.11837 SAINT ALBANS RD
-118.11831 SAINT ALBANS RD
-118.11817 LORAIN RD
LORAIN RD
ST. ALBANS RD
Wembley Rd
KENSINGTON
PLYMOUTH RD
WALLINGFORD RD
ROBLES AV
Wallingford Rd
ROBLES AV
WINSTON
-118.11444 MONTEREY RD
-118.11778 EUSTON RD
-118.13111 WINTHROP RD
-118.09901 SANTA ANITA AVE
-118.09902 SANTA ANITA AVE
-118.09884 SANTA ANITA AVE
-118.09885 SANTA ANITA AVE
-118.10057 ROBLES AVE
-118.10188 CUMBERLAND RD
-118.10192 CUMBERLAND RD
-118.09991 DEL MAR AVE
-118.09972 DEL MAR AVE
-118.09955 ROSE AV
ARS-CL-07
Existing ARS
ARS-CL-28x
Existing ARS
ARS-CL-28x
Existing ARS
WILBURY RD
WILBURY RD
LONGDEN
ARS-CL-05
ARS-CL-07
Existing ARS
Existing ARS
Existing ARS
Existing ARS
Existing ARS
ROSE
DEL MAR AV
SYCAMORE DR
SYCAMORE DR
-118.09775 ROSE AV
-118.09758 ROSE AV
PAGE 69 of 200 6
CPS-Mod™ Patented
CPS Modular Series
CA State Water Board Certified - FULL CAPTURE SYSTEM
_____________________________________________________________________________________________________________________________ G2 CPS-Mod™ Full-Capture 5mm perforated screens with
patented modular design for easy installation inside catch basins.
Approved by the California State Water Board, LACDPW, OCPW, OCTA, SF Bay RWQCB & agencies everywhere. The CPSMod™ prevents trash, pollutants, and debris from entering waterways through the catch basin outlet pipe.
•
•
•
•
Made from 304 Stainless Steel for extended life.
Sized to meet or exceed 1-year, 1-hour storm.
Modular to easily fit all catch basin types.
Custom designed and fabricated to each catch basin to
ensure compliance of no gaps > 5mm in size.
•
•
•
Professionally installed by G2 or a trained & certified installer.
Quick Release Removable (optional)
Mosquito & Vector Abatement Deflector (where required)
Recommended with G2’s ARS CamLock Series™
PAGE 70 of 200 8
CPS-Mod™ Patented
CPS Modular Series
FULL CAPTURE SYSTEM Certified by
California State Water Board & Regional Water Quality Control Boards G2 CPS-Mod™ Connector Pipe Screen
Function:
•
•
Captures all pollutants 5mm and larger that enter the catch basin.
Pollutants prevented from exiting the catch basin:
➢ Primary: plastics (food containers, bags, bottles, straws); trash (paper, cigarette butts, cans); vegetative debris (leaves, branches, landscaping); other all other objects. ➢ Secondary: pollutants absorbed by or attached to the Primary pollutants. Including from vehicles (hydrocarbons, fluids, copper, cadmium, zinc, tires, etc.), pathogens / bacteria, pesticides, nutrients, organic compounds, sediment toxicity, etc.
Design, Flexibility, & Approval:
•
•
•
Custom designed and fabricated for each catch basin and its unique features.
Fits any standard catch basin with discharge pipe on front, back, or side wall.
Approved by State Waterboard, Los Angeles County DPW, City of LA, Orange County DPW, OCTA, San Francisco Bay Area Water Resource Board, and agencies everywhere.
Material & Fabrication:
•
•
Made of 304 stainless steel; 14 gauge with 5mm holes.
“Made in California, USA”
Value:
• Low initial capital investment relative to other storm water quality BMPs. Lower long-term and total lifetime costs vs. any water quality BMP or taking no action. • Requires no replacement filters or parts.
• G2’s CPS-Mod™ in combination with the G2’s ARS-CL™ creates the most effective BMP system and greatest value.
Public Outreach:
• Residents aware of the CPS-Mod™ installed in their local catch basin perceive it to be an environmental benefit and demonstrates an environmentally conscious community.
Recommended with G2’s ARS CamLock Series™ screens, for the most complete full capture system.
PAGE 71 of 200 9
CPS-Mod™ Patented
CPS Modular Series FULL CAPTURE SYSTEM
PAGE 72 of 200 10
G2 Construction, Inc.
Connector Pipe Screen (CPS)
Full Capture Model: G2 CPS - Modular
Patented
1 A
B (typ) 5 mm Opening Screen 14 Gauge
*Hb
A
*L = A+2B 2
B
5 mm Opening Screen 14 Gauge
*Hs/2 A
(typ) *L = A+B
*Hs
5 mm Opening Screen 14 Gauge
*Hs/2 A
(typ)
*L = A
3 NOTES: A*
B*
1 2
3 TOP DEFLECTOR, AS NEEDED
SUPPORT BRACKET WHEN A
(typ)
48".
BOTTOM TRIM SIZED TO FIT, AS NEEDED,
SEE SHEET #3.
Screen made of 304 Stainless Steel
14 gauge, with 5 mm openings. 11
Sheet 1 of 6
NOT TO SCALE PAGE 73 of 200
ARS-CL™ Patented
ARS CamLock Series
___________________________________________________________________________________________ G2’s ARS-CL™ automatic retractable screen with CamLock
technology prevents trash and debris from entering catch basins through the curb opening. Approved by LACDPW,
OCTA, OCPW, SF Bay ABAG, and most agencies.
Approved for Trash Amendment TRACK 2 compliance.
Reduces catch basin cleaning costs and CPS maintenance.
Prevents up to 95% of trash and debris from entering the catch basin.
•
•
Made from 304 Stainless Steel for extended life.
Custom designed, fabricated & fitted to each curb
opening. “Made in California, USA”
• Independent ARS-CL™ devices open and lock between
all catch basin support bolts.
•
•
Sized to meet or exceed 1-year, 1-hour storm*.
Professionally installed by G2.
Recommended with G2’s CPS-Mod Series™
PAGE 74 of 200 12
ARS-CL™ Patented
ARS CamLock Series
_________________________________________________________________________________________ ARS-CL™ Automatic Retractable Screen
Function:
•
•
•
Stops all pollutants ¾ inches and larger from entering catch basins and water systems.
Significantly reduces cleaning frequency for catch basins and CPS-Mod™ maintenance.
Pollutants prevented from entering the catch basin:
➢ Primary: plastics (food containers, bags, bottles); trash (paper, cigarette butts, cans); vegetative debris (leaves, branches, landscaping); other objects (balls, toys). ➢ Secondary: pollutants absorbed by or attached to the Primary pollutants. Including from vehicles (hydrocarbons, fluids, copper, cadmium, zinc, tires, etc.), pathogens / bacteria, pesticides, nutrients, organic compounds, sediment toxicity, etc.
•
•
•
Automatically unlocks and opens during storm events to prevent street flooding.
Automatically re-locks in the closed position to prevent pollutant access.
Low maintenance. Prevents 85-95% of trash and debris from entering the catch basin.
Design, Flexibility, & Approval:
•
•
•
Custom designed and fabricated for each catch basin’s curb opening.
Fits any standard curb-face catch basin opening.
Approved by Los Angeles County DPW, City of LA, Orange County DPW, OCTA, San Francisco Bay Area Water Quality Board, Contra Costa County DPW, and Agencies nationally.
Material & Fabrication:
•
•
100% stainless steel device.
Fabricated in Orange County. “Made in California, USA”
Value:
•
•
Significantly reduces catch basin cleaning requirements and costs.
Low initial capital investment relative to other storm water quality BMPs. Lower long-term and total lifetime costs vs. any water quality BMP or taking no action. • Requires no replacement filters or parts.
• Works in harmony with regular street sweeping programs.
Aesthetics & Environmentalism:
•
•
Beautiful stainless steel devices add aesthetic value to streets and neighborhoods.
Residents perceive the ARS-CL™ to be an environmental benefit and demonstrates an environmentally conscious community.
Recommended with G2’s CPS-Mod Series™ screens, for the most complete full capture system.
PAGE 75 of 200 13
ARS-CL™ Patented
ARS CamLock Series
__________________________________________________________________________________________ PAGE 76 of 200 14
PAGE 77 of 200 15
VENDOR & INSTALLER CREDENTIALS
PAGE 78 of 200 16
CREDENTIALS & QUALIFICATIONS
Background & Experience
G2 Construction started operations in Los Angeles County in 2001 with strong foundations in welding, concrete construction, shop fabrication, and field work. The company began designing, fabricating, and installing catch basin curb opening automatic retractable screens (ARS) and full-capture connector pipe screens (CPS) and other stormwater protection devices for Los Angeles County Department of Public Works (LACDPW) and southern California municipalities in 2002.
Since then, G2 has fabricated and installed tens of thousands of approved catch basin inserts and screen covers on hundreds of stormwater projects in the Los Angeles and Orange County area. G2 offers complete solutions by performing project evaluation and consultation on stormwater devices and then designing, fabricating, and installing highly effective devices to meet and exceed specifications.
G2’s General Credentials
• Los Angeles County Dept. of Public Works & City of Los Angeles Bureau of Sanitation approved products: CPS-Mod™ & ARS-CL™
• Orange County Public Works (OCPW) and OCTA M2 Environmental Cleanup Program approved storm water quality devices:
o CPS-Mod™ patented Full Capture System approved by State Waterboard. o GITS™ grated inlet trash screen Full Capture System approved by State Waterboard.
o ARS-CL™ patented automatic retractable screen.
•
•
OCPW ranks G2 Construction as their #1 stormwater device provider (2020 RFP & 2014 RFP). Awarded Master Purchase Agreements covering 2015 - 2025.
Association of Bay Area Governments (ABAG) Approved products (all) •
•
•
•
California Contractor Licenses: A (General Contractor), C-8 (Concrete), C60 (Welding) Disadvantaged Business Entity (DBE) certified. [see Attached] Minority Business Entity (MBE) certified. [see Attached] Small Business Entity (SBE) certified.
PAGE 79 of 200 17
G2’s Technical Expertise
G2 Construction is at the forefront of the stormwater device industry. G2 has designed and fabricated the most advanced stormwater protection devices to solve the needs of public agencies and private developers. Our advanced methodologies for fabrication and installation have made G2 the industry leader in providing custom-fitted stainless steel catch basin inserts and curb opening screen covers.
G2 has developed a high degree of technical expertise by incorporating all phases (evaluation, consulting, design, fabrication, installation, reporting) of stormwater projects, and learning from hundreds of installed projects over the years. We have become extremely familiar with all the procedures required for success.
Our depth of knowledge and technical experience has been the result of solving many dozens of challenges and constraints of projects over two decades. This includes, among many others, solving for all the various catch basin types and sizes and conditions that we face in the field.
We’ve learned something new from most projects and most clients. Our experiences with cities in Orange County and throughout southern California have been very good for many years.
Because many cities have developed an advanced knowledge of the industry and recognize quality and value, it makes G2’s work more effective, efficient, and valuable.
Fortunately, G2’s strong culture for project management helps us to organize projects effectively and manage diverse teams. This has enabled G2 to have a 100% rate of success for completing projects and within budget.
G2 provides its technical expertise and installation services throughout California and focuses on the Orange County and Los Angeles County regions.
Letters of Reference
G2’s customers provide additional insights into our qualifications. Attached are a few letters of our customer letters of recommendation.
PAGE 80 of 200 18
PAGE 81 of 200 19
PAGE 82 of 200 20
PAGE 83 of 200 21
2232 PAGE 84 of 200
Greg Raths
Mayor City of Mission Viejo Brian Goodell
Mayor Pro Tem
Wendy Bucknum
Council Member
Public Works Department Trish Kelley
Council Member
Edward Sachs
Council Member
February 11, 2020
OC Public Works / Procurement Services
601 North Ross Street
Santa Ana, CA 92701
Subject: Letter of Recommendation for G2 Construction, Inc.
To Whom It May Concern:
G2 Construction has installed their ARS-CL screens for the City on 6 projects between 2014 - 2020. Their 2020 project also included installing their CPS-Mod full capture screens. The City applied for and won grant funds for these projects from OCTA’s M2 Environmental Cleanup Program (Project X).
For each project, G2 provided a simple end-to-end solution that included field evaluations and measurements of catch basins, custom fabrication of devices, installation services, installation photos and support documentation. G2’s work has been on schedule and performed without any issues.
I am pleased to offer this letter of recommendation for G2 Construction. The City has found their trash and debris devices to be very effective, and their installation work to be of high quality. The company has been very professional and dependable in their interactions with the City. We look forward to working with G2 Construction on future projects.
If you have any questions, please contact me by telephone at 949-470-8419 or by e-mail at [email protected].
Sincerely,
Joe Ames, P.E.
Assistant City Engineer
City of Mission Viejo
200 Civic Center • Mission Viejo, California 92691
http://www.cityofmissionviejo.org
23 949/470-3056 PAGE 85 of 200
2434 PAGE 86 of 200
2535 PAGE 87 of 200
PAGE 88 of 200 26
PAGE 89 of 200 27
March 28, 2024 CUCP# 41740
Metro File #6371
MR. JOHN ALVARADO
G2 Construction, Inc.
1352 East Borchard Ave
Santa Ana, CA 92705-4413
Subject: Disadvantaged Business Enterprise Certification Dear MR. JOHN ALVARADO:
We are pleased to advise you that after careful review of your application and supporting documentation, the Los Angeles County Metropolitan Transportation Authority (Metro) has determined that your firm meets the eligibility standards to be certified as a Disadvantaged Business Enterprise (DBE) as required under the U.S. Department of Transportation (U.S. DOT) Regulation 49 CFR Part 26, as amended. This certification will be recognized by all of the U.S. DOT recipients in California. Your firm will be listed in the California Unified Certification Program (CUCP) database of certified DBEs under the following specific area(s) of expertise that you have identified on the NAICS codes form of the application package:
NAICS 331491: NONFERROUS METAL (EXCEPT COPPER AND ALUMINUM) ROLLING, DRAWING, AND EXTRUDING NAICS 237310: HIGHWAY, STREET, AND BRIDGE CONSTRUCTION
NAICS 332313: PLATE WORK MANUFACTURING
Your DBE certification applies only for the above code(s). Yo u may review your firms information in the CUCP DBE database which can be accessed at the CUCP website at https://californiaucp.dbesystem.com. Any additions and revisions must be submitted to Metro for review and approval.
In order to ensure your continuing DBE status, you are required to submit an annual update along with supporting documentation. If no changes are noted, then your DBE status remains current. If there are changes, Metro will review to determine continued DBE eligibility. Please note, your DBE status remains in effect unless Metro notifies you otherwise.
Also, should any changes occur that could affect your certification status prior to receipt of the annual update, such as changes in your firm's name, business/mailing address, ownership, management or control, or failure to meet the applicable business size standards or personal net worth standard, please notify Metro immediately. Failure to submit forms and/or change of information will be deemed a failure to cooperate under Section 26.109 of the Regulations.
Metro reserves the right to withdraw this certification if at any time it is determined that it was knowingly obtained by false, misleading, or incorrect information. Your DBE certification is subject to review at any time. The firm thereby consents to the examination of its books, records and documents by Metro.
Congratulations, and thank you for your interest in the DBE program. Should you have any questions, please contact us at (213) 922-2600. For information on Metro contracting opportunities, please visit our website at www.metro.net/connect.
Sincerely,
PAGE 90 of 200 28
March 28, 2024 Metro File #6371
MR. JOHN ALVARADO
G2 Construction, Inc.
1352 East Borchard Ave
Santa Ana, CA 92705-4413
Subject: Small Business Enterprise Certification
Dear MR. JOHN ALVARADO:
We are pleased to advise you that after careful review of your application and supporting documentation, the Los Angeles County Metropolitan Transportation Authority (Metro) has determined that your firm meets the eligibility standards to be certified as a Small Business Enterprise (SBE) as required under Metro's SBE Program. Your firm will be listed in Metro's SBE database of certified SBEs under the following specific areas of expertise:
NAICS 331491: NONFERROUS METAL (EXCEPT COPPER AND ALUMINUM) ROLLING, DRAWING, AND EXTRUDING NAICS 237310: HIGHWAY, STREET, AND BRIDGE CONSTRUCTION
NAICS 332313: PLATE WORK MANUFACTURING
Your SBE certification is valid for five years from the date of this letter and applies only for the above NAICS code(s). Any additions and revisions must be submitted to Metro for review and approval.
In order to ensure your continuing SBE status, you are required to submit an annual update along with supporting documentation. If no changes are noted, then your SBE status remains current. If there are changes, Metro will review to determine continued SBE eligibility. Please note, your SBE status remains in effect unless Metro notifies you otherwise.
After the five-year certification period, your entire file will be reviewed in order to ascertain continued SBE certification status. You will be notified of the pending SBE status review and any documentation updates necessary prior to the expiration date.
Also, should any changes occur that could affect your certification status prior to receipt of the annual update application, such as changes in your firm's name, business/mailing address, ownership, management or control, or failure to meet the applicable business size standards or personal net worth standard, please notify Metro immediately.
Metro reserves the right to withdraw this certification if at any time it is determined that it was knowingly obtained by false, misleading, or incorrect information. Your SBE certification is subject to review at any time. The firm thereby consents to the examination of its books, records, and documents by Metro.
Congratulations, and thank you for your interest in Metro's SBE Program. Should you have any questions, please contact us at (213) 922-2600. For information on Metro contracting opportunities, please visit our website at www.metro.net/connect.
Sincerely,
Ramon Ortiz
Director, Certification & Economic Development
PAGE 91 of 200 29
AGREEMENT FOR
MINOR CONSTRUCTION SERVICES Between
THE CITY OF SAN MARINO,
a municipal corporation
and
G2 Construction, Inc,
a California corporation
Dated: October 25, 2024
PAGE 92 of 200
1 AGREEMENT FOR
MAINTENANCE / REPAIR / MINOR CONSTRUCTION SERVICES
This Agreement for Minor Construction Services (“Agreement”) is entered into as of the date referenced on the cover page (“Effective Date”) between the City of San Marino, a California municipal corporation (“City”) and (“Contractor”) ABM Electrical & Lighting Solutions (collectively “Parties”). In consideration of the mutual promises and covenants made by the parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES
1.1 Identification of Contractor
Name: G2 Construction, Inc.
Address: 1352 E. Borchard Ave.,
Santa Ana, CA 92705
License Numbers: LIC #801253
1.2 Term. Subject to the provisions of Section 8 [Termination] of this Agreement, the term of this Agreement is for 45 working days from the date set forth in the Notice to Proceed for the project.
1.3 Description of Contractor’s Services. Subject to the terms and conditions of this Agreement, Contractor agrees to perform for City those maintenance / minor construction services specified in the Scope of Services attached hereto and incorporated herein by reference as Exhibit “A” [Scope of Services] (“Services”).
Contractor agrees to furnish, for the compensation provided for herein, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform and complete the Services. The Services shall be subject to inspection and approval by City. Contractor agrees to work closely with City staff in the performance of the Services and shall be available to City’s staff and Contractors at all reasonable times.
1.4 Performance of Services. Contractor represents that it possesses the requisite training, licenses and permits necessary to perform the Services, and that its performance of the Services shall conform to the standard of practice of a professional PAGE 93 of 200
2 having specific experience and expertise in professional services of like nature and complexity of the Services.
1.5 Compensation for Contractor’s Services.
Compensation for the Services shall be:
Time and Materials, per schedule of rates included in Exhibit C with a guaranteed not to exceed price of $100,000
1.6 Extra Work. Contractor shall not be compensated for any work or services rendered in connection with its performance of this Agreement, which are in addition to or outside of the Services (“Extra Work”), except as expressly provided for herein. It shall be Contractor’s responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor’s commencement of the Extra Work in accordance with Section 9.10 [Amendments] and Section 9.18 [Administration and Implementation]. City shall not be obligated to pay for or otherwise be liable for unauthorized Extra Work performed by Contractor.
1.7 Schedule of Performance. Contractor agrees to diligently perform and complete the Services in accordance with the schedule of performance attached hereto and incorporated herein by reference as Exhibit “B” [Schedule of Performance] (“Schedule of Performance”). Modifications to the Schedule of Performance must be agreed upon in writing in advance by the City Manager pursuant to Section 9.18 [Administration and Implementation] and Contractor.
1.8 Progress and Coordination. Upon City’s request, Contractor shall provide City with progress submittals showing status of Services, at times and increments as City may reasonably request, and shall provide City with a progress schedule for performance of the Services, at times and in a level of detail as City may reasonably request. Contractor shall coordinate with City and authorities with jurisdiction as necessary to perform the Services. Time is of the essence in the performance of the Services.
1.9 General Warranty. Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Work which has not been removed and any non-conforming materials incorporated into the Services) to be of good quality and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City.
PAGE 94 of 200
3 1.10 Repair of Defects. Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, Contractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non-conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Services. Contractor shall perform such tests as City may require to verify that any corrective actions are adequate to remedy the defective condition. In the event that Contractor fails to perform its obligations under this Section to the reasonable satisfaction of City, then City shall have the right to correct and replace any defective, non-conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
1.11 Contractor’s Representative. Contractor hereby designates the representative named in Exhibit “D” [Representatives], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
SECTION 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Compensation. City shall pay to Contractor for non-disputed Services rendered, the compensation set forth in Exhibit “C” [Compensation] attached hereto and incorporated herein by reference. Total compensation to Contractor for the Services shall not exceed the total price or “not to exceed” amount set forth in Exhibit “C,” without the prior written approval of City in accordance with Section 9.10 [Amendments] and Section
9.19 [Administration and Implementation].
2.2 Payment of Compensation. Contractor shall submit monthly invoices together with an itemized statement of Services provided. The statement shall describe the Services provided, the percent of work completed by item, together with such other reasonable detail and supporting documentation as may be required by the City Manager, or his/her designee. City will review the statement and pay, with the exception of any charges for work performed or expenses incurred by Contractor which are disputed by City, within 30 days of receiving such statement, all approved charges thereon. Payment PAGE 95 of 200
4 to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defect in work performed by Contractor.
SECTION 3. RESPONSIBILITIES OF CONTRACTOR
3.1 Control and Payment of Subordinates; Independent Contractor.
Contractor agrees that all Services shall be performed by Contractor or under its supervision. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under the Contractor’s exclusive direction and control.
Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor is not entitled to any benefits that Owner provides to Owner employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Contractor expressly waives any claim Contractor may have to any such rights. Contractor shall pay all payroll taxes imposed by any governmental entity and shall pay all other required taxes.
3.2 Standard of Care and Licenses. Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Agreement.
3.3 Required Corrections. Contractor shall perform, at its own expense and without reimbursement from the City, any work necessary to correct errors or omissions that are caused by the Contractor’s failure to comply with the standard of care provided for herein.
3.4 Law and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services.
3.5 Safety. Contractor shall perform the Services, and maintain its work area, so as to avoid injury or damage to any person or property and shall otherwise exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
PAGE 96 of 200
5 3.6 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sexual orientation, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.7 Department of Industrial Relations Registration Contractor shall register with the California Department of Industrial Relations and shall comply with all specified requirements for electricians:
3.8 Prevailing Wage Laws. Contractor acknowledges and agrees to abide by the provisions of California Labor Code Section 1720, et seq., as well as 1771, 1773, 1773.1, 1773,2 1773.6, 1773.7, 1774, 1775, 1776, and 1777, pertaining to the obligation to pay the prevailing wages with respect to the performance of the work (“Prevailing Wage Laws”). Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
SECTION 4. INDEMNIFICATION
4.1 Indemnity. To the extent caused by the negligence, misconduct, or other fault of Contractor, Contractor expressly agrees to, and shall, indemnify, defend, release, and hold City, and its respective officials, officers, employees, agents, and contractors harmless from and against any Action, liability, loss, damage, entry, judgment, order, lien, and Costs and Expenses caused by any act or omission of Contractor, or its officers, directors, employees, agents, or contractors, connected with the performance or failure to perform under this Agreement, notwithstanding that City may have benefited therefrom, or any challenge to this Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor’s officers, directors, employees, agents and contractors, including but not limited to acts or omissions in any way related to, the release, treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the location at which work under this Agreement is performed of any Hazardous Substances by Contractor or its officers, directors, employees, agents, and subcontractors. The Parties expressly agree that any payment, or Costs and Expenses City incurs or makes to, or on behalf of, an injured employee under City’s workers’ compensation or other insurance, is included as a loss or Costs and Expenses for the purpose of this Section. City shall not be responsible for any acts, errors or omissions of any person or entity except City and its officers, agents, servants, employees or contractors. The Parties expressly agree that the obligations of Contractor under this Section shall survive the expiration or early termination of the Agreement.
4.2 Action. For purposes of this Agreement, “Action” shall mean any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, court-ordered, binding, or non-binding), or other alternative dispute resolution process, and the filing, PAGE 97 of 200
6 recording, or service of any process, notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to commencement of the Action.
4.3 Costs and Expenses. For purposes of this Agreement, “Costs and Expenses” shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a Party in good faith in the investigation, prosecution or defense of an Action, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, reasonable attorney’s fees, Contractor fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs, and any other costs or expenses, the award of which a court of competent jurisdiction may determine to be just and reasonable.
4.4 Hazardous Substances. For purposes of this Agreement, “Hazardous Substances” shall mean any and all of the following:
a. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C. §9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §6901, et seq.; the Toxic Substances Control Act, 15 U.S.C.S. §2601, et seq.; the Clean Water Act, 33 U.S.C. §1251, et seq.; the Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. §136, et seq.; the Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, et seq.; the Clean Air Act, 42 U.S.C. §7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f, et seq.; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq.; the Surface Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C. §11001, et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657; the Hazardous Waste Control Act, California Health and Safety Code (“H.&S.C.”) §25100, et seq.; the Hazardous Substance Account Act, H.&S.C.§25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. §25249.5, et seq.; the Underground Storage of Hazardous Substances, H.&S.C. §25280, et seq.; the Carpenter-Presley-Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq.; the Hazardous Waste Management Act, H.&S.C. §25170.1, et seq.; the Hazardous Materials Response Plans and Inventory, H.&S.C. §25001, et seq.; the Porter-Cologne Water Quality Control Act, Water Code §13000, et seq., all as they may from time to time be amended; and
b. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature.
PAGE 98 of 200
7 SECTION 5. RECORDS AND AUDIT
5.1 Records and Audit. At Owner’s request and after reasonable notice and during normal business hours, Contractor shall make available to Owner, its authorized agents, officers, or employees, for audit, photocopy or compilation, any and all ledgers, books of accounts, invoices, payrolls, vouchers, cancelled checks, correspondence, internal memoranda, calculations, drafts, and other records or documents evidencing or relating to the performance of the Services (hard copy or electronic), expenditures and disbursements charged to Owner in connection with the Services. Contractor shall maintain such documents for at least three (3) years following completion of the Services. Such rights shall be specifically enforceable.
SECTION 6. INSURANCE
6.1 Maintenance of Insurance. Without limiting Contractor’s indemnification of Agency, and prior to commencement of Work, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described in Exhibit “F” [Insurance] and in a form satisfactory to Agency.
6.2 Subcontractors Insurance. Contractor agrees to ensure that subcontractors, and any other party involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor.
Contractor 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. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
6.3 Modification of Insurance Provisions. The City Manager may make reasonable amendments to the insurance requirements of this section, with the written concurrence of the Finance Director or Risk Manager, in accordance with Section 9.19 [Administration and Implementation] after considering the Scope of Services, potential liabilities, and the required level of insurance to adequately protect the City.
SECTION 7. BONDS
7.1 Performance and Payment Bonds. Within the time period set forth in the contract documents and prior to commencing the work on the project, the contractor shall file with the Agency good and sufficient labor and material payment bond and performance bond in the amount of one hundred percent (100%) of the contract sum covering performance of the work other than the professional design services portion of the work.
The performance bond and payment bond shall be in the form required by the contract documents. The amounts of the payment bond and performance bond shall be increased as, when and in the amount of any change orders that are executed increasing the contract sum, the contractor shall, upon request by the Agency, provide evidence of such increases. Should the payment bond or performance bond or any surety on such bond become or be determined by the Agency to be insufficient, it shall be replaced within ten days by a bond that fully complies with the requirements of this paragraph. No further PAGE 99 of 200
8 payments to the contractor for the work performed shall be made or due until the contractor has fully complied with the requirements of this paragraph.
7.2 Duration. The payment bond shall remain in effect until acceptance of the work and payment of all stop notices and claims by the contractor or the subcontractors, of any tier, have been satisfied. The performance bond shall remain in effect and assure faithful performance of all the contractor’s obligations under the contract documents, including, without limitation, all obligations that survive final completion or termination, such as, but not limited to, the contractor’s warranty, commissioning, and indemnity obligations.
7.3 Surety Qualifications. At the time the contract is signed and at all times thereafter until final payment has been made by the Agency, the surety on the payment and performance bond shall be an admitted surety and the surety on the performance bond shall be licensed in the State of California and in good standing with the California Department of Insurance
7.4 Premiums. The premiums for all bonds are included in the contract sum and shall be paid by the contractor. It is California law that the premium (cost) of the bond should appear in the right-hand corner of the original bond, so the obligee knows the true cost of the bond.
7.5 Obligee. The payment bond and performance bond shall each name the Agency as obligee. This can be a requirement if the Agency is paying for the subcontract bonds, which is usually not the case.
7.6 No exoneration. Changes, change orders, unilateral change orders, field orders, modifications and adjustments to the contract sum or contract time shall in no way release or exonerate the contractor or its surety from their obligations, and notice thereof shall be waived by the surety. The foregoing provision shall be included in the terms of the payment bond, performance bond and any bonds obtained by the subcontractors.
7.7 Communications. The Agency shall have the right to communicate with the contractor’s sureties with respect to matters that are related to the contractor’s performance of its obligations under the contract documents. The contractor shall be provided with a copy of all such written communications. Such communications shall not create, or be interpreted as creating, any contractual relationship between the Agency and the surety. The name, address and phone number of the surety contact should be required in the bond; this makes communication easier for the obligee and to know how to submit a claim.
7.8 No limitation. The requirements shall be without limitation to any other obligations the contractor may have under applicable law to provide bonding for the benefit of and to assure payment to the subcontractors or subconsultants performing the work for the project.
SECTION 8. TERMINATION
PAGE 100 of 200
9 8.1 Termination and Suspension. City may, with or without cause, direct Contractor to suspend, delay or interrupt Services, in whole or in part, for such periods of time as City may determine in its sole discretion. City may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should Contractor commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of City’s written notice to Contractor demanding such cure, in which case Contractor shall be liable to City for all loss, cost, expense, damage and liability resulting from such breach and termination.
City may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever City determines that such termination is in City’s best interests. Additionally, Contractor may terminate this Agreement at any time and without cause or penalty upon thirty (30) days’ prior written notice to City. In the event this Agreement is terminated for any reason, Contractor shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. Contractor shall continue its work throughout the course of any dispute, and Contractor’s failure to continue work during a dispute shall be a material breach of this Purchase Order.
SECTION 9. GENERAL PROVISIONS
9.1 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
9.2 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.
9.3 Conflict of Interest. Contractor represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement.
Without limitation, Contractor represents to and agrees with City that Contractor has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing City services hereunder, including but not limited to, any interest (financial, shared ownership, shared management, shared directors, or reporting responsibilities) Contractor may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, Contractors, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.
9.4 Confidentiality. Any information, whether proprietary or not, made known to or discovered by Contractor during the performance of or in connection with this Agreement for City, will be kept confidential and not be disclosed to any other person.
Contractor will immediately notify City in writing if it is requested to disclose any information made known to or discovered by Contractor during the performance of or in PAGE 101 of 200
10 connection with this Agreement. These conflict of interest, confidentiality and future service provisions and limitations shall remain fully effective indefinitely after termination of services to City hereunder.
9.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of the Agreement.
9.6 Governing Law. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles.
9.7 Integration. This Agreement, including the attached Exhibits “A” through “F”, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other prior agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding.
9.8 Severability. If a term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
9.9 Prohibited Interests. Contractor represents and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
9.10 Amendments. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the San Marino Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for amendments or modifications to be in writing cannot be waived and that any attempted waiver shall be void.
PAGE 102 of 200
11 9.11 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
9.12 Delivery of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be given to the respective parties at the addresses listed in Exhibit “D”, or at such other address as the respective parties may provide in writing for this purpose. Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
9.13 Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
9.14 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party or any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
9.15 Subcontracting. Contractor shall not subcontract any portion of the Services, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement.
9.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
9.17 Authority to Execute. The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder.
9.18 Administration and Implementation. This Agreement shall be administered and executed by the City Manager or his or her designated representative.
The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 9.10 [Amendment] and the City Manager’s contracting authority under the City’s Municipal Code.
9.19 Force Majeure. Notwithstanding any provision of this Agreement to the contrary, City and Contractor each agree that the other party hereto shall not be liable for such party’s failure to perform its respective obligations under this Agreement if such failure is due to any fire, act of God, strike, civil disturbance, acts of public authorities, epidemics/pandemics or cause beyond such party’s reasonable control; provided however that such party invoking this section shall notify the other party within ten (10) PAGE 103 of 200
12 days of the commencement of the force majeure event. Lack of funds shall not be deemed a cause beyond either party’s control.
9.20 Limitation on Damages. Except as may be owed to a third party under a Party’s indemnification obligations, neither Party shall be liable one to the other whether under contract, statute, tort (including negligence) or otherwise, for any indirect, exemplary, unforeseeable, loss of profits, loss of use, punitive or consequential, incidental, or special damages, even if that Party is notified in advance of such possibility, regardless of the form of the claim or action.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF San Marino
Philippe Eskandar
City Manager
ATTEST:
Alison Walker, City Clerk
APPROVED AS TO FORM:
Joe Montes, City Attorney
“CONTRACTOR”
G2 Construction, Inc.
By:
Name:
Title:
By:
Name:
Title:
PAGE 104 of 200
13 PAGE 105 of 200
EXHIBIT “A” SCOPE
OF SERVICES
PAGE 106 of 200
EXHIBIT “B”
SCHEDULE OF PERFORMANCE
PAGE 107 of 200
EXHIBIT “C”
COMPENSATION
PAGE 108 of 200
EXHIBIT “D”
REPRESENTATIVES
CITY’S REPRESENTATIVE
City of San Marino
Parks and Public Works Department
Attn: Public Works Director
2200 Huntington Drive
San Marino, CA 91108
CONTRACTOR’S REPRESENTATIVE
G2 Construction, Inc.
Attn: Eric Taylor
1352 E. Borchard Ave.
Santa Ana, CA 92705
PAGE 109 of 200
EXHIBIT “E”
BONDS REQUIRED
• Contractor shall provide the following bonds: Performance and Payment bonds in a sum equal to the contract price. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California PAGE 110 of 200
EXHIBIT “F”
INSURANCE REQUIREMENTS FOR CITY OF SAN MARINO
Contractor’s Duty to Show Proof of Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
Coverage shall be at least as broad as:
Commercial General Liability (CGL). Contractor 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, and a $2,000,000 completed operations aggregate. 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. Contractor 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 Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Workers’ Compensation. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor ’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees. Contractor may satisfy the Workers’ Compensation requirement with a state approved self-insured program.
Contractor shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees, and volunteers.
Proof of insurance.
Contractor shall provide certificates of insurance and required endorsements to Agency as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Agency for the contract period and any additional length of time required thereafter. Agency reserves right to require complete, certified copies of all required insurance policies, at any time.
PAGE 111 of 200
Duration of coverage.
Contractor 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 Contractor, their agents, representatives, employees, or subconsultants. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. Agency and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
Primary/noncontributing.
Coverage provided by Contractor shall be primary and any insurance or selfinsurance procured or maintained by Agency shall not be required to contribute with it.
The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of Agency before the Agency’s own insurance or self-insurance shall be called upon to protect it as a named insured.
Products/completed operations coverage.
Products liability coverage shall extend for a minimum of three years (3) after project completion, and completed operations coverage for construction agreements shall extend for 10 years from the date of substantial completion of the project or the statute of repose, whichever is longer. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The Agency, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage.
Agency’s rights of enforcement.
In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by Agency will be promptly reimbursed by Contractor or Agency will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, Agency may cancel this Agreement.
Acceptable insurers.
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.
PAGE 112 of 200
Waiver of subrogation.
All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel).
Contractor acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Contractor of non-compliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder.
Requirements not limiting.
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage 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 Contractor maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.
Notice of cancellation.
Contractor agrees to oblige its insurance agent or broker and insurers to provide the Agency with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Contractor’s insurers are unwilling to provide such notice, then Contractor shall have the responsibility of notifying the Agency immediately in the event of Contractor’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 Agency and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
Prohibition of undisclosed coverage limitations.
None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing.
Separation of insureds.
A severability of interests provision must apply for all additional insureds ensuring that Contractor’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.
PAGE 113 of 200
Pass through clause.
Contractor agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Contractor (hereinafter collectively “subcontractor”), provide the same minimum insurance coverage and endorsements required of Contractor. Contractor 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 Contractor’s subcontractor cannot comply with this requirement, which proof must be submitted to the Agency, Contractor 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 Contractor, but in all other terms consistent with the Contractor’s requirements under this agreement. This provision does not relieve the Contractor 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 Contractor 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 Contractor under this agreement given the limited scope of work or services provided by the subcontractor. Contractor agrees that upon request, all agreements with subcontractors, and others engaged in the project, will be submitted to Agency for review.
Agency’s right to revise requirements.
The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the Contractor, the Agency and Contractor may renegotiate Contractor’s compensation.
Self-insured retentions.
Any self-insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
Timely notice of claims.
Contractor shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional insurance.
Contractor 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.
PAGE 114 of 200
City of San Marino
PROJECT OVERVIEW MAP
7 PAGE 115 of 200
Pg 1 of 34
PAGE 116 of 200
Pg 2 of 34
PAGE 117 of 200
Pg 3 of 34
PAGE 118 of 200
Pg 4 of 34
PAGE 119 of 200
Pg 5 of 34
PAGE 120 of 200
Pg 6 of 34
PAGE 121 of 200
Pg 7 of 34
PAGE 122 of 200
Pg 8 of 34
PAGE 123 of 200
Pg 9 of 34
PAGE 124 of 200
Pg 10 of 34
PAGE 125 of 200
Pg 11 of 34
PAGE 126 of 200
Pg 12 of 34
PAGE 127 of 200
Pg 13 of 34
PAGE 128 of 200
Pg 14 of 34
PAGE 129 of 200
Pg 15 of 34
PAGE 130 of 200
Pg 16 of 34
PAGE 131 of 200
Pg 17 of 34
PAGE 132 of 200
Pg 18 of 34
PAGE 133 of 200
Pg 19 of 34
PAGE 134 of 200
Pg 20 of 34
PAGE 135 of 200
Pg 21 of 34
PAGE 136 of 200
Pg 22 of 34
PAGE 137 of 200
Pg 23 of 34
PAGE 138 of 200
Pg 24 of 34
PAGE 139 of 200
Pg 25 of 34
PAGE 140 of 200
Pg 26 of 34
PAGE 141 of 200
Pg 27 of 34
PAGE 142 of 200
Pg 28 of 34
PAGE 143 of 200
Pg 29 of 34
PAGE 144 of 200
Pg 30 of 34
PAGE 145 of 200
Pg 31 of 34
PAGE 146 of 200
Pg 32 of 34
PAGE 147 of 200
Pg 33 of 34
PAGE 148 of 200
Pg 34 of 34
PAGE 149 of 200
CITY OF SAN MARINO
FY 202-202CAPITAL BUDGET REQUEST
Capital Request Name:
Capital Request
Description (Summary):
Location:
Proposing Department Contact Person Expense Type
Estimated Total
Cost
Capital Request
Labor Source
Multi-Year Funding Cycle
FY
FY
FY
FY
FY
202/202
Estimated
Total
SOURCE
Source Key: CE (Capital Equipment), CC (Capital Construction), D (Donations), PC (Prop C), MR (Measure R)00 0HDVXUH0
,
GT (Gas Tax), TDA (Transportation Development Act), PA (Prop A), MW (Measure W), &236 &236*UDQW
O (Other)
Photo of Equipment and/or Map Showing Project Location
Trash Capture Filter Program
Installation of trash capture filters in City catch basins to improve stormwater quality Citywide
Public Works Amber Shah Stormwater
$ 100,000 Ongoing Project/Program
Contractor
$ 100,000 $ 100,000 $ 0 $ 0 $ 0 $ 200,000
MW $ 100,000 MW $ 100,000 MW MW MW MW $ 200,000
$ 0
$ 0
$ 0
$ 0
275
PAGE 150 of 200
CITY OF SAN MARINO
FY 202-202 CAPITAL BUDGET REQUEST
Request Description and Justification
(Provide a description of your request that includes a justification describing the benefit of the expenditure to the department/City) Financial Summary Section
Estimated Costs Amount Funding Source(s) Amount
Acquisition Capital Construction (394)
Plans/Specs/Engineering Capital Equipment (591)
Construction Donations (281)
Contingencies General Fund (101)
General Fund Costs* Other:
Other: Total
Total
*Ongoing Costs to General Fund (Provide cost and detail) General Fund Cost
What Fiscal Year
Description of General Fund Costs
The installation of storm drain trash capture filters will be phased in over a multi-year period, and is proposed to be funded entirely using money from Measure W Safe Clean Water Funds, with no impact to the General Fund. This is the continuation of a program for the installation of trash capture filters in drainage inlets citywide. This program helps to improve stormwater quality to ensure compliance with regulations from the State Water Board. The City has approximately 78 catch basins that require the installation of a screen to prevent trash and other objects from entering into the storm drain system and polluting the stormwater.
$ 100,000
$ 100,000
$ 100,000
$ 100,000
FY 24-25
Measure W
276
PAGE 151 of 200
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Amber Shah, Parks & Public Works Director/City Engineer DATE: October 25, 2024
SUBJECT: APPROVAL OF NOTICE OF COMPLETION FOR YEAR 3 OF
THE ANNUAL SIDEWALK REPLACEMENT PROGRAM
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Fiscally Responsible and Transparent City Government
Safe Community
Well-Maintained Infrastructure
BACKGROUND
On May 11, 2022, the City Council awarded a multi-year contract to CJ Concrete Construction, Inc. for the City’s annual sidewalk replacement program. As the third year of the five-year project cycle is now complete, City Council approval is required in order to accept the work and authorize staff to file a Notice of Completion with the Los Angeles County RegistrarRecorder/County Clerk.
DISCUSSION
Year 3 (FY 2024-2025) of the multi-year sidewalk replacement project began on August 5, 2024, and was completed on September 20, 2024. The project included replacement of 26,271 square feet of 4-inch thick sidewalk and 2,408 square feet of 6-inch thick sidewalk, for a total of 28,679 square feet (approximately 1.4 miles) of sidewalk replaced on various streets throughout the City. In addition, the project also replaced several driveway approaches and a limited amount of curb and gutter. The project was completed to the satisfaction of the City Engineer, all punch list items were resolved, and the Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
PAGE 152 of 200
one-year warranty period covering the work has commenced.
FISCAL IMPACT & PROCUREMENT REVIEW
The project was completed with no contract change orders bringing the final construction cost to $410,468.75, which is $50,706.25 (or 10.9%) under the original contract budget of $461,175.00. Unexpended funds will be returned to the Capital Improvement Fund reserves for use on future construction projects.
Procurement review is not applicable.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends that the City Council accept Year 3 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 3 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.”
ATTACHMENTS
1. Notice of Completion Form
PAGE 153 of 200
S7130-0001\2310843v1.doc
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF SAN MARINO
2200 Huntington Drive
San Marino, CA 91108
Free recording requested per Gov’t Code 27383 Space above this line for Recorder’s use
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the owner is: CITY OF SAN MARINO
3. The full address of the owner is: 2200 HUNTINGTON DRIVE, SAN MARINO, CA 91108
4. The nature of the interest or estate of the owner is: In fee title
5. The full names and full addresses of all persons, if any, who hold this with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. The full names and full addresses of the predecessors in interest of the undersigned. IF the property was transferred subsequent to the commencement of the work or improvements herein referred to:
NAMES ADDRESSES
7. A work of improvement on the property hereinafter described was completed on September 20, 2024.
The work was; Sidewalk Replacement program Year 3; replace 4-inch and 6-inch sidewalk throughout City, remove and replace curb and gutter at various locations. Project No. 23-9272
8. The name of the contractor, if any, for such work of improvement was CJ Concrete Construction, Inc. May 11, 2022
(IF NO CONTRACTOR FOR WORK OF IMPROVEMENT AS A WHOLE, INSERT 'NONE") (DATE OF CONTRACT)
9. The property on which the work of improvement was completed is in San Marino, County of Los Angeles, State of California, and is described as follows: Public sidewalk at various locations throughout City, all work occurred within the public right-of-way.
10. The street address of the property is: Various locations throughout San Marino (IF NO STREET ADDRESS HAS BEEN OFFICIALLY ASSIGNED, INSERT "NONE”) Dated: 10/25/2024
____________________________________________, Public Works Director (SIGNATURE OF OWNER OR CORPORATE OFFICER OF OWNER NAMED IN PARAGRAPH 2 OR HIS AGENT)
VERIFICATION
I, the undersigned, say: I am the Director of Parks and Public Works/City Engineer of San Marino, the declarant of the foregoing notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on: October 25, 2024 , at San Marino, CA
(CITY) (STATE)
(PERSONAL SIGNATURE OF THE INDIVIDUAL WHO IS SWEARING THAT THE CONTENTS OF THE NOTICE OF COMPLETION ARE TRUE.) PAGE 154 of 200
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Hillary Guirola-Leon, Finance Director
Mark Siegfried, Accounting Manager/Controller
DATE: October 25, 2024
SUBJECT: APPROVAL OF FY 2023-2024 BUDGET CARRYOVERS AND FY 2024-2025 RE-BUDGETS AND FINAL FY 2023-2024
BUDGET ADJUSTMENTS
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Fiscally Responsible and Transparent City Government
BACKGROUND
In accordance with the Citywide Financial Policies adopted by the Council in May 2018, all budget appropriations lapse at fiscal year-end (Resolution R-18- 08, Section 6.) This is the typical practice among governments. However, there are often outstanding purchase orders and unfinished capital projects at year-end. Outstanding purchase orders require City Council action for them to be carried over and re-appropriated in the new fiscal year. In addition, capital improvement projects (CIP) typically take more than one year to complete and the timing of the expenditures can vary depending on the project.
During the FY 2024-2025 budget preparation, staff estimated the projected expenditures to be re-budgeted and carried over to FY 2024-2025 budget.
Now that FY 2023-2024 is complete and final expenditures are known, the previous projected carryover amounts can be updated.
Occasionally, there are also some unfinished projects associated with the operating budget that are not able to be completed by the end of a fiscal year, which do not have outstanding purchase orders or contracts associated with them. These too require re-authorization by the City Council to allow them to Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
PAGE 155 of 200
be carried over into the new year. At this time, staff is also requesting a few expenditure year-end cleanup amendments to the City’s final FY 2023-2024 budget. These will be discussed below.
DISCUSSION
FY 2023-2024 Carryovers
Attachment 1 lists six outstanding purchase orders as of June 30, 2024, for which the goods and services have been ordered but not yet received.
Procuring these items was difficult, which resulted in a delay in receiving the goods and services.
In addition, City staff is requesting re-appropriations for the outfitting of Police Department vehicles in the amount of $50,000. This expenditure was budgeted in FY 2023-2024 and needs to be re-appropriated to fund the outfitting of the vehicles purchased.
The total FY 2023-2024 carryover request is $286,150.
FY 2024-2025 Re-Budgets for Capital Improvement Projects:
Attachment 2 is a listing of capital improvement projects included in FY 2023- 2024 and FY 2024-2025 budgets. For FY 2023-24, the schedule lists the project’s final budget amount, actual expenditures incurred in FY 2023-2024, and the final amounts required to be re-budgeted in FY 2024-2025. The rebudgets are due to the timing of the projects and are not increasing the total budgeted project costs.
The schedule also includes the FY 2024-2025 adopted budget which lists the new CIP’s, the adopted re-appropriations, and the re-budgets carried over to FY 2024-2025 due to timing of the projects.
The total FY 2024-2025 re-budget request is $1,060,637.
FY 2023-2024 Year-End Budget Cleanup
Staff is recommending six expenditure amendments to the City’s FY 2024- 2025 budget based on the final figures.
Budget Amendment 1- Proposition A Eligible Expenditures In May 2024, staff discussed with Metro various possible uses of Metro Prop A Funds within the City. After reviewing possible allowable expenditures, Metro allowed the use of Prop A Funds to help offset costs from the Police PAGE 156 of 200
Department’s Walking School Bus Program as well as offsetting crossing guard services that help promote safety of residents and children. A $168 budget amendment is also requested related to the City’s Dial-A-Ride Program as use was higher than in years past.
Budget Amendment 2-SB 1383 Grant Expenditure
In FY 2022, the City received approximately $21K in funds related to Senate Bill 1383, which established statewide targets to reduce organic waste. In FY 2024-2025, the City spent $3,482 in eligible expenditures to purchase mulch for use within the City. This amount was not budgeted in FY 2024-2025 as the City was trying to determine the best use of these grant funds.
Budget Amendment 3-Worker’s Compensation
A budget amendment is needed in workers’ compensation expenditures due to costs incurred as a result of worker’s compensation claims during FY 2023- 2024, which was historically higher than in years past. The budgeted amounts are based on prior 3-years‘ average.
Budget Amendment 4- Insurance Premiums
A budget adjustment is required as the cost for the City’s Pollution Liability Insurance was $380 higher than estimated.
Account Num ber Description
Revised (F inal)
Budget
Actual
E xpenditures
Budget
Am endm ent
207-30-4004-0000 Walking School Bus Salaries - 1,963 1,963 207-30-4006-0000 Medicare-Walking School Bus - 27 27
207-11-4208-1330 Bus Transportation-Dial A Ride 10,300 10,468 168 207-30-4150-0000 Other Contract Services - 50,000 50,000 10,300 62,458 52,158
Account Num ber Description
Revised (F inal)
Budget
Actual
E xpenditures
Budget
Am endm ent
221-50-4376-0000 Supplies - 3,482 3,482
Account Num ber Description
Revised (F inal)
Budget
Actual
E xpenditures
Budget
Am endm ent
595-30-4015-0001 Workers' Comp Current Employee-Police 51,739 344,255 292,516 595-30-4015-0002 Workers' Comp Past Employees-Police 74,981 82,519 7,538 595-34-4015-0001 Workers' Comp Current Employee-Fire 176,647 314,930 138,283 595-34-4015-0002 Workers' Comp Past Employees-Fire 34,553 7,715 (26,838) Fund 595 (Various) Workers Compensation Fund 337,920 749,419 411,499 PAGE 157 of 200
Budget Amendment 5- Measure W Expenditures
In FY 2024-2025, the City incurred $3,500 of audit compliance costs related to Measure W Funds. The City is required to have a review of expenditures every 3 years per the agreement with the County. All costs from these reviews can be paid using Measure W Funds.
Budget Amendment 6- Workers’ Compensation
A budget adjustment is necessary to cover additional payroll expenditures incurred as a result of staff shortages due to workers compensation injuries in the Fire Department.
The total FY 2023-2024 budget year-end clean up amendments are $853,616.
FISCAL IMPACT & PROCUREMENT REVIEW
The FY 2023-2024 carryover requests total $286,150 and the updates to FY 2024-2025 capital improvement project re-budgets is a total of $1,060,637.
The expenditures in these requests were budgeted in FY 2023-2024, but were not expended as originally planned.
Since these carryovers were budgeted and not spent in FY 2023-2024, the funds are reflected in the ending fund balance on June 30, 2024, which in turn provides the resources to fund these carryover and re-budget requests.
Furthermore, the above proposed budget year-end cleanup amendments increases the budgeted expenditures by $853,616.
Account Num ber Description
Revised (F inal)
Budget
Actual
E xpenditures
Budget
Am endm ent
596-10-4356-3412 Insurance Premiums-CJPIA 766,174 766,554 380 Account Num ber Description
Revised (F inal)
Budget
Actual
E xpenditures
Budget
Am endm ent
246-00-4150-0000 Other Contract Services - 3,500 3,500
Account Num ber Description
Revised (F inal)
Budget
Actual
E xpenditures
Budget
Am endm ent
103-34-4015-0000 Worker's Comp. - 382,597 $ 382,597
PAGE 158 of 200
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends the Council approve the requested FY 2023-2024 carryovers, updates to the FY 2024-2025 re-budgets, and the budget amendments to the funds and accounts as noted in the attachments. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the requested FY 2023-2024 carryovers, updates to the FY 2024-2025 re-budgets, and the budget amendments to the funds and accounts as noted in the attachments of the Staff Report.”
ATTACHMENTS
1. Carryovers FY 2023-2024
2. Capital Projects and FY 2024-2025 Re-budgets
3. Budget Amendments FY 2023-2024
PAGE 159 of 200
ATTACHMENT 1
City of San Marino
FY 2023-24 Carryovers
A. Re-Appropriations of Outstanding Purchase Orders at June 30, 2024 PO PO FY 23-24 Amount
Number Department Account No. Vendor Amount Expenditures Remaining Description 1129
1130
1109
1108
1082
1040
Public Works 101-40-4260-0000 The Sign Chef.com
Hi-Way Safety Inc.
$
$
$
$
$
$
$
5,039 $
$
$
$
$
$
$
-
-
$
$
$
$
$
$
$
5,039 City Seals and Monuments That Were Damaged Due to Accidents 482 Water-Filled K-Rail Barricades for 4th of July
64,811 2024 Chevy Tahoe
Community Services 104-66-4308-0000 482
64,811
82,686
75,132
8,000
Police
Fire
233-30-4613-9300
591-34-4613-0563
591-34-4613-0563
591-30-4613-0596
National Auto Fleet Group
L.N. Curtis & Sons
-
- 82,686 Self-Contained Breathing Apparatus
75,132 2024 Chevy Silverado Fire National Auto Fleet Group City of West Covina
-
Police - 8,000 SQL Server for Old Data/Configuraion & Set Up TOTAL: 236,150 - 236,150
B. Additional Re-Appropriation Requests
FY 23-24
Budgeted Cost
50,000
FY 23-24 Amount
Requested
$ 50,000 Outfitting of PD Vehicles
Department Account No. Vendor Expenditures Description
Police 233-30-4613-9300 10-8 Retrofit $ $ -
TOTAL: $ 50,000
GRAND TOTAL $ 286,150
PAGE 160 of 200
10/15/2024 3:32 PM
Attachment 2
Revised (Final)
Budget
Actual
Expenditures
Rebudget to
FY2024-25
Adopted ReAppropriation Rebudgets Proposed
Right-Of-Way Projects
202-48-4600-9271 Street Rehabilitation 675,000 43,947 631,053 631,053 - 600,000 213-48-4600-9271 Street Rehabilitation - - - - -
215-48-4600-9271 Street Rehabilitation 400,000 400,000 400,000 - 250,000 226-48-4600-9271 Street Rehabilitation 91,000 91,000 91,000 - - 243-48-4600-9271 Street Rehabilitation 220,000 220,000 220,000 - 200,000 247-48-4600-9271 Street Rehabilitation 1,000,000 1,000,000 1,000,000 - 225,000 394-48-4600-9271 Street Rehabilitation 5,032,678 652,406 4,380,272 3,857,947 103,647 2,400,000 Street Rehabilitation Program 7,418,678 $ 696,353 $ 6,722,325 $ 6,200,000 $ 103,647 $ 3,675,000 $ 394-48-4600-9243 Traffic Control Devices Program 169,805 28,295 141,510 113,215 - - 394-48-4600-9273 Annual Striping, Marking, Signing Program 109,027 29,870 79,157 - 60,130 45,000 394-48-4600-9274 Streetlight Management Plan 165,821 165,821 150,000 - - 394-48-4600-0500 City Wide Traffic Circulation Study 46,466 15,137 31,329 - - - 204-48-4600-9272 City Wide Sidewalk - - - - 217,000
394-48-4600-9272 City Wide Sidewalk 983,560 815,673 167,887 132,310 35,577 309,865 214-48-4600-9272 City Wide Sidewalk (TDA Article 3) 38,000 38,000 - - - 19,000 394-48-4600-0505 Biennial Pavement Condition Assessment 9,613 3,000 6,613 - 6,613 - 394-48-4600-0510 Street Tree Management Plan 72,559 41,315 31,244 - 28,685 50,000 394-48-4600-0520 Huntington Drive/Mission St Beautification 1,000,000 500,000 500,000 - - 394-48-4600-0525 Neighborhood Traffic Calming Program 75,000 20,641 54,359 - 54,359 - 394-48-4600-0531 Bridge Maintenance Program 20,000 20,000 20,000 - - 207-48-4600-0532 Alley and Parking Lot Improvement Program 112,500 11,435 101,065 20,000 81,065 87,500 394-48-4600-0532 Alley and Parking Lot Improvement Program 423,797 17,051 406,746 400,000 6,746 112,500 394-48-4600-0533 Citywide Traffic Improvements 150,000 14,130 135,870 - 135,870 - 243-48-4600-0535 Measure R 710 North Projects 335,000 335,000 300,000 35,000 - Total Right-of-Way Projects 11,129,826 $ 1,730,900 $ 8,898,926 $ 7,835,525 $ 547,692 $ 4,515,865 $ Capital Improvement Projects
By Project Category & Project Line Item
2023-24 2024-25
PAGE 161 of 200
10/15/2024 3:32 PM
Attachment 2
Revised (Final)
Budget
Actual
Expenditures
Rebudget to
FY2024-25
Adopted ReAppropriation Rebudgets Proposed
Capital Improvement Projects
By Project Category & Project Line Item
2023-24 2024-25
Parks Projects
394-50-4600-7036 Condition Assessment - Park & Street Trees 50,000 50,000 50,000 - - 394-50-4600-7037 Lacy Park Compost Station 20,000 20,000 20,000 (20,000) - 394-50-4600-7039 Lacy Park Playground Management Program 143,900 143,900 143,900 - 100,000 281-50-4600-7039 Lacy Park Playground Management Program 6,100 6,100 6,100 - - 281-50-4600-7040 Holiday House Restoration 9,430 3,089 6,341 - 6,341 - 394-50-4600-7040 Holiday House Restoration 10,000 1,231 8,769 - - - 394-50-4600-7041 Citywide Irrigation Upgrades 50,000 44,739 5,261 - 5,261 75,000 Total Parks Projects 289,430 $ 49,059 $ 240,371 $ 220,000 $ (8,398) $ 175,000 $ Civic Facilities Projects
281-90-4600-1004 Crowell Public Library - Computer Rm Renov 25,000 25,000 - - - 394-90-4600-1005 Barth Community Room Lighting 10,000 10,000 10,000 - - 394-40-4600-1000 San Marino Center Renovation 2,523,507 2,044,256 479,251 - 479,251 - 394-40-4600-1001 Emergency Generator System 31,888 31,888 31,850 38 - 394-40-4600-1003 PW Facility Renovations 50,000 4,455 45,545 20,000 25,545 130,000 394-40-4600-1004 Stoneman Path Forward 130,000 130,000 125,000 5,000 - 394-40-4600-1005 Public Works Vehicle Awning Cover 15,000 15,000 - 15,000 - 394-40-4600-1006 City Hall Campus Roof Repair 50,000 50,000 - 50,000 - 394-40-4600-1007 Old Mill Facility Repairs 75,000 75,000 50,000 25,000 - 394-40-4600-1008 Stoneman Facility Upgrades 319,900 319,900 319,900 - - 394-40-4600-1009 EV Charging Stations - - - - 150,000
394-40-4600-1010 Fuel Station Awning Cover - - - - 60,000 394-40-4600-1011 City Hall Re-Carpeting - - - - 60,000
394-34-4600-1001 FS HVAC Upgrades - - 373,700 (373,700) - 394-34-4600-1003 FS Bathroom Remodel 18,250 18,250 18,250 - - 394-30-4600-1001 PD Utilization Study 14,307 10,602 3,705 - 3,705 - 394-36-4600-1000 EOC Improvements 11,394 11,394 - 11,394 - PAGE 162 of 200
10/15/2024 3:32 PM
Attachment 2
Revised (Final)
Budget
Actual
Expenditures
Rebudget to
FY2024-25
Adopted ReAppropriation Rebudgets Proposed
Capital Improvement Projects
By Project Category & Project Line Item
2023-24 2024-25
245-00-4600-1000 Citywide HVAC Upgrades 401,783 6,236 395,547 - - - Total Civic Facilities Projects 3,676,029 $ 2,065,549 $ 1,610,480 $ 948,700 $ 241,233 $ 400,000 $ Wastewater Collection System Projects
394-44-4600-8020 Sewer Main Rehabilitation Program 60,000 18,167 41,833 - 41,833 150,000 394-44-4600-8021 Sewer Master Plan - Condition Assessment 53,583 53,583 53,583 - - 394-44-4600-8022 Lift Station Improvements 2,651,500 60,810 2,590,690 2,551,500 39,190 - 394-44-4600-8023 Sewer System Management Plan Update 15,000 1,628 13,372 - 13,372 - Total Wastewater Collection System Projects 2,780,083 $ 80,605 $ 2,699,478 $ 2,605,083 $ 94,395 $ 150,000 $ Stormwater System Projects
394-46-4600-8023 Drainage Wash Improvement Program 50,000 50,000 50,000 - - 394-46-4600-8024 Culvert Replacement Program 276,840 65,361 211,479 - 155,449 265,490 246-46-4600-8024 Culvert Replacement Program 24,370 1,474 22,896 - 22,896 24,510 394-46-4600-8022 Drainage Inlet Replacement Program 26,090 7,644 18,446 11,090 7,356 18,910 246-46-4600-8025 Rio Hondo Load Reduction 92,848 2,857 89,991 89,998 (7) - 394-46-4600-8026 Trash Capture Filters 25,000 25,000 - - - 246-46-4600-8026 Trash Capture Filters 100,000 99,979 21 - 21 100,000 Total Stormwater System Projects 595,148 $ 177,315 $ 417,833 $ 151,088 $ 185,715 $ 408,910 $ Total Capital Improvement Projects 18,470,516 $ 4,103,428 $ 13,867,088 $ 11,760,396 $ 1,060,637 $ 5,649,775 $ PAGE 163 of 200
10/15/2024 3:32 PM
Attachment 2
Revised (Final)
Budget
Actual
Expenditures
Rebudget to
FY2024-25
Adopted ReAppropriation Rebudgets Proposed
Capital Improvement Projects
By Project Category & Project Line Item
2023-24 2024-25
Capital Improvement Projects -- Recap By Fund:
Fund 202 Gas Tax 675,000 43,947 631,053 631,053 - 600,000 Fund 207 Proposition A 112,500 11,435 101,065 20,000 81,065 87,500 Fund 212 AQMD - - - - - -
Fund 213 STPL Fund - - - - - -
Fund 214 TDA 38,000 38,000 - - - 19,000
Fund 215 Proposition C 400,000 - 400,000 400,000 - 250,000 Fund 226 Rubberized Pavement Grant 91,000 - 91,000 91,000 - - Fund 281 Donations 40,530 3,089 37,441 6,100 6,341 -
Fund 204 CDBG - - - - - 217,000
Fund 243 Measure R 555,000 - 555,000 520,000 35,000 200,000 Fund 245 American Rescue Plan 401,783 6,236 395,547 - - - Fund 246 Measure W Water Fund 217,218 104,310 112,908 89,998 22,910 124,510 Fund 247 Measure M 1,000,000 - 1,000,000 1,000,000 - 225,000 Fund 394 Capital Projects 14,939,485 3,896,411 10,543,074 9,002,245 915,321 3,926,765 Totals By Fund 18,470,516 $ 4,103,428 $ 13,867,088 $ 11,760,396 $ 1,060,637 $ 5,649,775 PAGE 164 of 200
FY2023-24 Year-End Budget Cleanup ATTACHMENT 3
Amendment Revised (Final)
Budget
Actual
Expenditures
Budget
Number Account Number Description Amendment
1 1
1 1
2 3
3 3
3 4
5 6
207-30-4004-0000
207-30-4006-0000
207-11-4208-1330
207-30-4150-0000
221-50-4376-0000
595-30-4015-0001
595-30-4015-0002
595-34-4015-0001
595-34-4015-0002
596-10-4356-3412
246-00-4150-0000
103-34-4015-0000
Walking School Bus Salaries
Medicare-Walking School Bus
Bus Transportation-Dial A Ride
Other Contract Services
-
-
1,963 1,963
27 10,468
50,000
3,482
27 168 10,300
-
-
50,000
3,482 Supplies
Workers' Comp Current Employee-Police
Workers' Comp Past Employees-Police
Workers' Comp Current Employee-Fire
Workers' Comp Past Employees-Fire
Insurance Premiums-CJPIA
Other Contract Services
51,739
74,981
176,647
34,553
766,174
-
344,255
82,519
314,930
7,715
292,516
7,538
138,283
(26,838)
380 766,554
3,500 3,500
Worker's Comp. - 382,597 382,597
853,616 Total: $
PAGE 165 of 200
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Hillary Guirola-Leon, Finance Director
DATE: October 25, 2024
SUBJECT: RECEIVE AND FILE FINANCIAL REPORT FOR 2ND HALF OF FISCAL YEAR 2023-24 (JANUARY 2024 TO JUNE 2024)
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Fiscally Responsible and Transparent City Government
BACKGROUND
The following presents the financial activity of the City for the 2nd half of the fiscal year 2023-24 (January 2024 through June 30, 2024) as well as the fiscal year-to-date financial information. These figures are unaudited and have been compiled by the Finance Department. Financial information as noted at March 31, 2023, and June 30, 2023, has been included for comparative purposes.
DISCUSSION
The General Fund ended the Fiscal Year with Year-to-date revenues of $36.42M. General fund revenues increased by $3.3M from prior year actuals.
The majority of this increase is due to $1.8M in one-time American Rescue Plan Act (ARPA) funding recognized in FY 2023-24. Tax revenues overall increased by 3.4% and continue to be the highest revenue source for the City at about 64% of total General fund revenues. Another reason for the revenue increase compared to last year is due to the fluctuations in market value of the City’s investments and an increase of investment returns.
Total General Fund expenditures for the FY 2023-24 increased by $2.7M or
9.3% compared to last year.
Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
PAGE 166 of 200
Below is a table summarizing the General Fund activity for the fiscal year ended June 30, 2024.
Overall, the General fund had a change in Fund Balance of $2.1M and is due to one-time revenue from American Rescue Plan Act (ARPA) funding.
PAGE 167 of 200
June 30, 2023 YTD versus June 30, 2024 YTD Financial Information Below is a snapshot of the year-to-date revenues and expenditures for the FY 23/24
Actuals
General Funds Group
REVENUES
General Fund 29,589,741
Public Safety Fund 4,710,067
Fourth of July 74,351
American Rescue Plan 1,897,283
Donations to City 154,515
TOTAL REVENUES 36,425,956
EXPENDITURES
General Fund 13,929,980
Public Safety Fund 15,892,474
Fourth of July 98,542
San Marino Center 0
Donations to City 55,809
American Rescue Plan 6,236
Workers' Compensation 1,047,379
General Liability 766,554
TOTAL EXPENDITURES 31,796,974
REVENUES LESS EXPENDITURES 4,628,983
TRANSFERS OUT (2,870,828)
TRANSFERS IN 342,872.00
CHANGE IN FUND BALANCE 2,101,027
GENERAL FUND GROUP SUMMARY
For Year Ended 6/30/24
PAGE 168 of 200
General Fund (Fund 101), the Public Safety Fund (Fund 103), and all of the Special Revenue Funds.
PAGE 169 of 200
QUARTERLY FINANCIAL REPORT
GOVERNMENTAL FUNDS (UNRESTRICTED)
General Fund (101)
Revenues YTD PY YTD $$$ %
Taxes 23,607,747 22,824,855 782,891 3.4% Note 1
Licenses & Permits 1,043,196 948,014 95,182 10.0% Note 2 Charges for Service 1,571,549 1,602,050 (30,501) -1.9% Note 3 Intergovernmental 2,047,620 1,968,386 79,234 4.0%
Fines & Forfeitures 6,690 (5,935) 12,625 212.7%
Money & Property 1,232,623 439,950 792,673 180.2% Note 4 Miscellaneous 80,315 29,439 50,877 172.8% Note 5
General Fund Total Revenues 29,589,741 27,806,759 1,782,981 6.4% Expenses YTD PY YTD $$$ %
City Council 25,807 28,029 (2,222) -7.9%
City Attorney 556,050 455,095 100,955 22.2%
Non-Departmental 1,490,857 1,295,926 194,931 15.0%
City Manager's Office 814,077 801,064 13,013 1.6%
Human Resources 584,745 499,615 85,130 17.0%
Finance Department 742,550 840,666 (98,116) -11.7%
Community Development 2,059,686 1,610,372 449,314 27.9% Emergency Services 57,092 35,909 21,183 59.0%
Parks and Public Works 4,006,378 3,503,815 502,563 14.3% Recreation Department 2,041,993 1,755,031 286,962 16.4% Library Department 1,490,745 1,338,150 152,595 11.4%
El Molino Viejo 60,000 60,000 - 0.0%
General Fund Total Expenses 13,929,980 12,223,672 1,706,308 14.0% Note 6 Net Income-General Fund 15,659,761 15,583,087 76,673 0.5% Public Safety Fund (103)
Revenues YTD PY YTD $$$ %
Taxes 3,707,821 3,645,285 62,535 1.7%
Charges for Service 864,029 730,577 133,452 18.3% Note 7 Intergovernmental 29,073 61,533 (32,461) -52.8%
Fines & Fees 102,205 76,894 25,311 32.9%
Miscellaneous 6,939 118,675 (111,736) -94.2% Note 8
4,710,067 4,632,966 77,102 1.7%
Expenses YTD PY YTD $$$ %
Police Department 8,745,319 7,998,032 747,287 9.3%
Fire Department 7,147,155 6,783,919 363,236 5.4%
15,892,474 14,781,952 1,110,522 7.5% Note 9
Net Income-Public Safety Fund (11,182,407) (10,148,986) (1,033,420) -10.2%
SPECIAL REVENUE FUNDS (RESTRICTED)
YTD PY YTD $$$ %
Revenues 2,653,303 3,014,357 (361,054) -12.0% Note 10
Expenses 747,306 2,408,674 (1,661,367) -69.0% Note 11
Net Income-Special Revenue Funds 1,905,997 605,683 1,300,314 214.7% Total Revenues-All Funds 40,063,966 36,730,230 3,333,736 9.1% Total Expenses-All Funds 37,482,396 39,064,864 (1,582,468) -4.1% Net Income-All Funds 2,581,570 (2,334,634) 4,916,205 210.6% CY vs PY
CY vs PY
CY vs PY
CY vs PY
CY vs PY
PAGE 170 of 200
Items of Note:
1. Increase in Taxes is due to property taxes increasing by $691k (4%) compared to last year and is in line with trends. Sales taxes ($56k) and Property Transfer Taxes ($59k) have also increased compared to prior year.
2. Increase in Licenses & Permits is due to Building Permits increasing by $86k compared to last year due to more building permits issued in FY 23/24.
3. Decrease in Charges for Service of about $30k is primarily due to a decrease in Family Life Program fees for the Recreation Department compared to prior year.
4. Increase in Money & Property ($792k) is primarily due to fluctuations of the market value of the City’s investments and interest rates increasing.
5. Miscellaneous revenue increased by $50K from prior year. The variance is primarily due to an insurance settlement check received for damaged city property.
6. General Fund Expenditures increased from prior year by $1.7M. 50% of the increase is due to payroll expenditures. Overall, payroll expenditures have stabilized due to less vacancies. During FY 23/24 there was also a 4% MOU negotiated increase in salaries. Cafeteria benefits also increased by $184K from prior year due to FY 23/24 being the first full year where the City covered insurance premiums up to the rates for the Los Angeles County region of medical coverage.
7. Charges for Services in the Public Safety Fund increased from prior year by $133K. The increase is primarily due to Paramedic Services Revenue increase of $145K from prior year.
8. Miscellaneous Revenue in the Public Safety Fund decreased by $111K from prior year. During FY 22/23 the city received a one-time Officer Wellness and Mental Health Grant of $25K. Also, in FY 22/23 the city received strike team reimbursements due to an incident response in FY 22/23.
9. Public Safety Fund 103 expenditures increased form prior year by $1.1M (7.5%). Payroll expenditures increased from prior year by 7%. The remaining variance is due to workers compensation salaries paid.
10. Special Revenues decreased from prior year by $361K. During FY 22/23, the city received three FY’s allocations from the County for Measure W funding.
The additional allocations received in FY 22/23 were due to the timing of PAGE 171 of 200
County disbursements for the first year of the program. The City is expected to receive only one allocation moving forward (about $230K a year).
11. Special Revenue Fund Expenditures decreased from prior year by $1.6M.
The variance is due to the timing of the street improvement project in FY 23/24.
Fourth Quarter 2024 versus Fourth Quarter 2023 Financial Information
Below is the revenues and expenditures for the General Fund (Fund 101), the Public Safety Fund (Fund 103), and all of the Special Revenue Funds.
PAGE 172 of 200
QUARTERLY FINANCIAL REPORT
GOVERNMENTAL FUNDS (UNRESTRICTED)
General Fund (101) Fourth Quarter Fourth Quarter
Revenues 2024 2023 $$$ %
Taxes 10,031,029 9,579,026 452,003 4.7% Note 1
Licenses & Permits 305,721 324,381 (18,660) -5.8%
Charges for Service 616,757 543,901 72,856 13.4% Note 2 Intergovernmental 1,021,116 972,482 48,634 5.0%
Fines & Forfeitures 450 200 250 125.0%
Money & Property 724,875 80,288 644,586 802.8%
Miscellaneous 18,281 1,860 16,421 882.9% Note 3
General Fund Total Revenues 12,718,229 11,502,137 1,216,092 10.6% Fourth Quarter Fourth Quarter
Expenses 2024 2023 $$$ %
City Council 3,274 400 2,874 717.7%
City Attorney 129,901 216,048 (86,148) -39.9%
Non-Departmental 373,068 294,471 78,598 26.7%
City Manager's Office 210,014 153,597 56,417 36.7%
Human Resources 234,906 113,390 121,516 107.2%
Finance Department 175,297 204,301 (29,005) -14.2%
Community Development 643,442 507,501 135,940 26.8%
Emergency Services 25,427 14,349 11,078 77.2%
Parks and Public Works 1,075,345 1,048,571 26,774 2.6%
Recreation Department 617,970 510,898 107,072 21.0%
Library Department 397,064 345,599 51,465 14.9%
El Molino Viejo - - 0 0.0%
General Fund Total Expenses 3,885,709 3,409,127 476,582 14.0% Note 4 Net Income-General Fund 8,832,520 8,093,011 739,509 9.1% Public Safety Fund (103) Fourth Quarter Fourth Quarter
Revenues 2024 2023 $$$ %
Taxes 1,387,272 1,352,305 34,966 2.6%
Charges for Service 241,385 229,821 11,564 5.0%
Intergovernmental 1,440 14,169 (12,729) -89.8%
Fines & Fees 37,001 28,688 8,313 29.0%
Miscellaneous 1,250 2,298 (1,048) -45.6%
1,668,348 1,627,282 41,066 2.5%
Fourth Quarter Fourth Quarter
Expenses 2024 2023 $$$ %
Police Department 2,171,425 2,001,532 169,893 8.5%
Fire Department 1,714,123 1,781,563 (67,440) -3.8%
3,885,548 3,783,096 102,452 2.7%
Net Income-Public Safety Fund (2,217,200) (2,155,814) (61,386) -2.8%
SPECIAL REVENUE FUNDS (RESTRICTED)
Fourth Quarter Fourth Quarter
2024 2023 $$$ %
Revenues 750,829 618,821 132,008 21.3%
Expenses 405,722 1,476,407 (1,070,686) -72.5% Note 5
Net Income-Special Revenue Funds 345,108 (857,586) 1,202,694 140.2% Total Revenues-All Funds 15,522,722 14,452,108 1,070,614 7.4% Total Expenses-All Funds 9,862,881 12,446,079 (2,583,198) -20.8% Net Income-All Funds 5,659,841 2,006,029 3,653,812 182.1% CY vs PY
CY vs PY
CY vs PY
CY vs PY
CY vs PY
PAGE 173 of 200
Items of Note:
1. Increase in Taxes is due to Property Taxes increasing by $378k (5%) as well as Sales Taxes increasing by $18k (7%). The City has also seen an increase in Property Transfer Taxes of $37k compared to the prior year.
2. 4th quarter Charges for services activity was trending higher than prior year due to more activity in Planning and Building revenues. Overall, the Year-todate charges for services decreased in FY 23/24 due to a decrease in Family Life Program fees for the Recreation Department
3. Miscellaneous revenue increase quarter to quarter due to insurance settlement for damaged city property.
4. Overall increase in Non-sworn Department expenses of $476k (14%) compared to the prior year. Increase is due to cost-of-living adjustments of 4% related to salaries as stipulated in the various MOUs with city employees.
Year-to date figures are tracking below budget.
5. Expenditures for Special Revenue funds decreased from prior year due to the timing of the street project expenditures.
Third Quarter 2024 versus Third Quarter 2023 Financial Information Below are the revenues and expenditures for the General Fund (Fund 101), the Public Safety Fund (Fund 103), and all of the Special Revenue Funds.
PAGE 174 of 200
QUARTERLY FINANCIAL REPORT
GOVERNMENTAL FUNDS (UNRESTRICTED)
General Fund (101) Third Quarter Third Quarter
Revenues 2024 2023 $$$ %
Taxes 3,868,160 3,939,056 (70,896) -1.8%
Licenses & Permits 239,738 240,270 (531) -0.2%
Charges for Service 385,412 430,140 (44,729) -10.4%
Intergovernmental 1,026,504 995,904 30,600 3.1%
Fines & Forfeitures 5,865 (1,870) 7,735 413.6%
Money & Property 240,574 89,166 151,408 169.8%
Miscellaneous 13,447 7,364 6,083 82.6%
General Fund Total Revenues 5,779,701 5,700,031 79,671 1.4% Third Quarter Third Quarter
Expenses 2024 2023 $$$ %
City Council 7,684 9,082 (1,398) -15.4%
City Attorney 359,270 100,973 258,297 255.8%
Non-Departmental 314,549 248,512 66,037 26.6%
City Manager's Office 213,682 105,637 108,046 102.3%
Human Resources 110,987 155,797 (44,810) -28.8%
Finance Department 142,939 153,750 (10,811) -7.0%
Community Development 424,345 405,366 18,979 4.7%
Emergency Services 10,457 7,719 2,738 35.5%
Parks and Public Works 983,239 776,498 206,741 26.6%
Recreation Department 430,264 355,324 74,940 21.1%
Library Department 331,754 296,278 35,475 12.0%
El Molino Viejo 60,000 - 60,000 0.0%
General Fund Total Expenses 3,389,168 2,614,935 774,233 29.6% Net Income-General Fund 2,390,534 3,085,096 (694,562) -22.5% Public Safety Fund (103) Third Quarter Third Quarter
Revenues 2024 2023 $$$ %
Taxes 832,875 838,497 (5,622) -0.7%
Charges for Service 196,392 156,603 39,789 25.4%
Intergovernmental 6,439 15,728 (9,289) -59.1%
Fines & Fees 19,680 22,623 (2,943) -13.0%
Miscellaneous 1,205 113,713 (112,508) -98.9%
1,056,591 1,147,165 (90,573) -7.9%
Third Quarter Third Quarter
Expenses 2024 2023 $$$ %
Police Department 2,072,062 1,783,729 288,333 16.2%
Fire Department 1,612,155 1,418,993 193,161 13.6%
3,684,216 3,202,722 481,494 15.0%
Net Income-Public Safety Fund (2,627,625) (2,055,558) (572,067) -27.8%
SPECIAL REVENUE FUNDS (RESTRICTED)
Third Quarter Third Quarter
2024 2023 $$$ %
Revenues 836,458 874,558 (38,100) -4.4%
Expenses 65,626 467,257 (401,631) -86.0%
Net Income-Special Revenue Funds 770,832 407,301 363,531 89.3% Total Revenues-All Funds 9,832,863 7,878,645 1,954,218 24.8% Total Expenses-All Funds 7,875,537 8,425,942 (550,405) -6.5% Net Income-All Funds 1,957,326 (547,297) 2,504,623 457.6% CY vs PY
CY vs PY
CY vs PY
CY vs PY
CY vs PY
PAGE 175 of 200
All Funds Revenue Summary at June 30, 2024
In the next summary, budgeted revenues are shown against actual revenue at June 30, 2024, and in comparison to the prior year at this same time period.
PAGE 176 of 200
Adopted Year-to-Date Increase/(Decrease) Prior Year
Budget Actual % v. Prior Year Actual
General Funds Group
General Fund 29,384,411 29,589,741 101% 1,782,981 27,806,759 Public Safety Fund 4,627,794 4,710,067 102% 77,102 4,632,966 Fourth ofJuly 58,160 74,351 128% 4,077 70,274
San Marino Center 0 0 0% 0 0
American Rescue Plan 1,973,747 1,897,283 96% 1,450,868 446,415 Donations to City 154,250 154,515 100% 28,518 125,997
Total General Fund 36,198,362 36,425,956 101% 3,343,545 33,082,411 Special Revenue Funds
Gas Taxes 672,921 698,211 104% 98,835 599,377
CDBG 9,131 7,866 86% 6,073 1,793
County Park Prop A 0 0 0% 9 (9)
Prop A Transit 356,741 432,791 121% 9,886 422,905
Drought 200 2,669 1335% 601 2,068
Air Quality (AQMD) 19,050 19,768 104% (2,712) 22,480
STPL 500 3,233 647% (8,734) 11,967
TDA 19,100 19,324 101% (401) 19,725
Prop C Transit 296,833 330,562 111% (23,674) 354,236
PEG Fees 31,800 49,603 156% (1,910) 51,513
Asset Forfeiture 200 4,381 2191% 987 3,394
Granada Ave. 0 0 0% 0 0
Used Oil Grant 100 5,135 5135% 4,117 1,018
OTS Gant 83,040 19,526 24% (47,036) 66,563
Recycling 91,500 16,639 18% 3,748 12,891
COPS 205,000 232,716 114% 30,918 201,798
Homeland Security Grant 0 0 0% 0 0
County Measure R 557,375 216,601 39% (1,264) 217,865
Measure W 235,000 296,867 126% (440,756) 737,623
County Measure M 254,758 297,410 117% 10,260 287,150
Total Special Revenue Funds 2,833,249 2,653,303 94% (361,054) 3,014,357 Capital Project Fund
Capital Projects 175,000 313,837 179% 246,596 67,241
Internal Service Fund
Capital Equipment 630,643 652,485 103% 104,732 547,753
Total Internal Service Funds 630,643 652,485 103% 104,732 547,753 Fiduciary Fund
Agency Fund 0 18,385 0% (83) 18,468
Total All Revenue 39,837,254 40,063,966 101% 3,333,736 36,730,230 All Revenue by Fund
For Quarter Ended June 30, 2024 -- 100% of Fiscal Year Complete PAGE 177 of 200
All Funds Expenditure Summary at June 30, 2024
In the next summary, budgeted expenditures are shown against actual expenditures at June 30, 2024, and in comparison to the prior year at this same time period.
PAGE 178 of 200
Adopted Year-to-Date Increase/(Decrease) Prior Year
Budget Actual % v. Prior Year Actual
General Funds Group
General Fund 15,903,051 13,929,980 88% 1,706,308 12,223,672 Public Safety Fund 15,951,317 15,892,474 100% 1,110,522 14,781,952 Fourth ofJuly 111,327 98,542 89% 9,980 88,562
San Marino Center 0 0 100% 0 0
Donations to City 144,790 55,809 39% (33,687) 89,496
American Rescue Plan 401,783 6,236 2% (295,522) 301,758 Workers' Compensation 664,300 1,047,379 158% 148,288 899,091 General Liability 766,174 766,554 100% 72,048 694,506
Total General Fund 33,942,742 31,796,974 94% 2,717,937 29,079,036 Special Revenue Funds
Gas Taxes 675,000 43,947 7% (606,053) 650,000
CDBG 9,000 7,864 87% 6,155 1,709
County Park Prop A 0 0 100% 0 0
Prop A Transit 319,430 262,431 82% 108,948 153,482
Air Quality 58,790 58,782 100% (48,008) 106,790
Drought 0 0 0% 0 0
STPL 0 0 0% (270,626) 270,626
TDA 38,000 38,000 100% 38,000 0
Prop C Transit 402,500 0 0% (815,796) 815,796
OTS Grant 83,040 19,642 24% (46,858) 66,500
Used Oil Grant 0 3,482 0% 3,482 0
CADept of Conservation Fund 91,000 0 0% 0 0
COPS 156,202 205,350 131% 36,580 168,770
Homeland Security Grant 0 0 0% 0 0
County Measure R 555,000 0 0% (175,000) 175,000
Measure W Clean Water Fund 217,218 107,809 50% 107,809 0 County Measure M 1,000,000 0 100% 0 0
Total Special Revenue 3,605,180 747,306 21% (1,661,367) 2,408,674 Capital Projects Funds
Capital Projects 14,775,585 3,896,409 26% (2,793,780) 6,690,189 Debt Service Funds
Debt Service 574,888 574,888 100% 22,854 552,034
Internal Service Funds
Capital Equipment 986,662 466,819 47% 131,888 334,932
Total Expenditures 53,885,057 37,482,396 70% (1,582,468) 39,064,864 All Expenditures by Fund
For Quarter Ended June 30, 2024 -- 100% of Fiscal Year Complete PAGE 179 of 200
FISCAL IMPACT & PROCUREMENT REVIEW
This report has no fiscal impact and requires no procurement review.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends that 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 financial report reflecting the City’s revenues and expenditures as of June 30, 2024.”
ATTACHMENTS
1. Revenue Summary Report at June 30, 2024
2. Expenditure Summary Report at June 30, 2024
PAGE 180 of 200
FY 22-23
Budget @ 6.30.24 % @ 6.30.23 $%
GOVERNMENTAL FUNDS (UNRESTRICTED)
General Fund (101)
Taxes
Property Taxes 20,060,825 19,410,543 97% 18,718,893 691,650 3.7% Sales Taxes 485,000 648,547 134% 591,677 56,870 10%
Franchise Taxes 659,000 757,649 115% 712,639 45,009 6%
Property Transfer Taxes 190,000 240,900 127% 181,842 59,057 32% Utility Users Taxes 2,222,000 2,124,690 96% 2,175,428 (50,738) -2% Business License Taxes 431,000 425,418 99% 444,375 (18,957) -4% Subtotal Taxes 24,047,825 23,607,747 98% 22,824,855 782,891 3.4% Licenses & Permits
Street & Curb Permits 118,000 136,088 115% 119,223 16,865 14% Building Permits 552,000 832,134 151% 746,075 86,059 12% Tree Permits 44,000 47,855 109% 48,400 (545) -1%
Bicycle Licenses - - 100% - 0 0%
Film Permits 39,000 27,119 70% 34,316 (7,197) -21%
Subtotal Licenses & Permits 753,000 1,043,196 139% 948,014 95,182 10% Charges for Service
Administration 200 760 380% 533 227 43%
Planning & Building Department 491,000 556,865 113% 509,727 47,139 9% Public Works, Streets, Parks Department 132,000 132,808 101% 132,495 313 0% Recreation Department 781,246 699,525 90% 761,001 (61,476) -8% Library Department 197,250 181,592 92% 198,294 (16,703) -8% Subtotal Charges for Service 1,601,696 1,571,549 98% 1,602,050 (30,501) -2% Intergovernmental
VLF 12,500 15,503 124% 12,865 2,638 21%
VLF Swap (Motor Vehicle In-Lieu) 2,016,000 2,022,002 100% 1,944,964 77,038 4% COVID-19 Reimbursements - - 100% - 0 100%
Cenic Rebates 10,560 10,115 96% 10,558 (443) -4%
Subtotal Intergovernmental 2,039,060 2,047,620 100% 1,968,386 79,234 4% Fines & Forfeitures
Fines & Fees 500 75 15% 200 (125) -63%
Tree Fines 2,000 5,265 263% (7,585) 12,850 -169%
Business License NOVs & Admin Citation Fees 6,500 1,350 21% 1,450 (100) -7% Subtotal Fines & Forfeitures 9,000 6,690 74% (5,935) 12,625 -213% Money & Property
Rentals - PW 100 132 132% 0 132 0%
Rents & Concessions - Park 210,730 180,614 86% 224,813 (44,199) -20% Rents & Concessions - Recreation 270,000 19,990 100% - 19,990 0% Library Rentals 2,500 2,293 92% 3,784 (1,491) -39%
Unrealized Gain (Loss) on Investments - 343,513 100% (189,074) 532,587 -282% Interest Income 430,000 686,081 160% 400,426 285,655 71% Subtotal Money & Property 913,330 1,232,623 135% 439,950 792,673 180% Miscellaneous
Miscellaneous 10,000 9,476 95% 13,438 (3,962) -29%
Damage to City Property 5,000 48,619 972% (5,323) 53,942 -1013% Sale of Property 5,000 10,796 216% 15,500 (4,704) -30%
City Reimbursements 500 11,279 2256% 5,618 5,661 101%
Old Mill Reimbursements - - 100% - 0 0%
Miscellaneous - Library - 145 100% 205 (60) -29%
Subtotal Miscellaneous 20,500 80,315 392% 29,439 50,877 173% 29,384,411 29,589,741 101% 27,806,759 1,782,981 6%
1,783,137
General Fund Total
Fiscal Year 2023-24
Revenue Summary Report For Quarter Ended June 30, 2024 -- 100% of Fiscal Year Complete Fiscal Year 2023-24 Current Year v. Prior Year
ATTACHMENT 1
PAGE 181 of 200
FY 22-23
Budget @ 6.30.24 % @ 6.30.23 $%
Fiscal Year 2023-24
Revenue Summary Report For Quarter Ended June 30, 2024 -- 100% of Fiscal Year Complete Fiscal Year 2023-24 Current Year v. Prior Year
Public Safety Fund (103)
Taxes
Property Taxes 3,528,294 3,504,665 99% 3,439,456 65,209 2% Augmentation Fund 218,100 203,155 93% 205,830 (2,674) -1% Subtotal Taxes 3,746,394 3,707,821 99% 3,645,285 62,535 2% Charges for Service
Shared Fire Command - (8,426) 100% 25,599 (34,025) -133% Paramedic Services 600,000 784,723 131% 639,368 145,356 23% All Other Charges 73,300 87,732 120% 65,611 22,122 34%
Subtotal Charges for Service 673,300 864,029 128% 730,577 133,452 18% Intergovernmental
POST and GEMT Reimbursements 9,000 29,073 323% 61,533 (32,461) -53% Subtotal Intergovernmental 9,000 29,073 323% 61,533 (32,461) -53% Fines & Fees
Parking Citations 23,400 15,573 67% 15,984 (411) -3%
Vehicle Code Fines 50,300 86,632 172% 60,910 25,722 42% Subtotal Fines & Fees 73,700 102,205 139% 76,894 25,311 33% Miscellaneous
Strike Team Reimbursements 125,000 - 0% 88,463 (88,463) -100% All Other Misc 400 6,939 1735% 30,212 (23,273) -77%
Subtotal Miscellaneous 125,400 6,939 6% 118,675 (111,736) -94% 4,627,794 4,710,067 102% 4,632,966 77,102 2%
Fourth of July Fund (104) 58,160 74,351 128% 70,274 4,077 6% San Marino Center Fund (105) 0- 100% - 0 0%
American Rescue Fund (245) 1,973,747 1,897,283 96% 446,415 1,450,868 325% Donations Fund (281) 154,250 154,515 100% 125,997 28,518 23% GENERAL FUNDS GROUP TOTAL 36,198,362 36,425,956 101% 33,082,411 3,343,545 10%
SPECIAL REVENUE FUNDS (RESTRICTED)
Gas Tax Fund (202)
Interest Income 2,500 29,869 1195% (650) 30,518 -4697%
Section 2105 82,360 76,140 92% 71,446 4,695 7%
Section 2106 51,500 48,077 93% 45,813 2,264 5%
Section 2107 98,925 103,062 104% 97,368 5,694 6%
Section 2107.5 3,000 3,000 100% 3,000 0 0%
Section 2032 310,264 323,892 104% 280,107 43,785 16%
Traffic Congestion Relief - Prop 42 0 - 100% 0 0 0%
Section 2103 124,372 114,172 92% 102,292 11,880 12%
672,921 698,211 104% 599,377 98,835 16%
Community Development Block Grant Fund (204) 9,131 7,866 86% 1,793 6,073 339% County Park Prop A Fund (206) 0- 0% (9) 9 -100%
Prop A Transit Fund (207) 356,741 432,791 121% 422,905 9,886 2% Drought Fund (209) 200 2,669 1335% 2,068 601 29%
Air Quality Management District Fund (212) 19,050 19,768 104% 22,480 (2,712) -12% STPL Fund (213) 500 3,233 647% 11,967 (8,734) -73%
Transportation Development Act (TDA) Fund (214) 19,100 19,324 101% 19,725 (401) -2% Total Public Safety Fund
Total Gas Tax Fund
PAGE 182 of 200
FY 22-23
Budget @ 6.30.24 % @ 6.30.23 $%
Fiscal Year 2023-24
Revenue Summary Report For Quarter Ended June 30, 2024 -- 100% of Fiscal Year Complete Fiscal Year 2023-24 Current Year v. Prior Year
Prop C Transit Fund (215) 296,833 330,562 111% 354,236 (23,674) -7% Public Education and Government (PEG) Fund (216) 31,800 49,603 156% 51,513 (1,910) -4% Asset Forfeiture (Police) (217) 200 4,381 2191% 3,394 987 29% Granada Ave. Assessment Dist. #2 Fund (220) - - 100% - 0 0% Used Oil Grant Fund (221) 100 5,135 5135% 1,018 4,117 405% OTS Grant Fund (223) 19,526 83,040 24% 66,563 (47,036) -71% California Recycling Grant Fund (226) 91,500 16,639 18% 12,891 3,748 29% Citizens' Option for Public Safety (COPS) Fund (233) 205,000 232,716 114% 201,798 30,918 15% Homeland Security Grant (240) 0 - 100% 0 0 24%
Measure R Transit Fund (243) 557,375 216,601 39% 217,865 (1,264) -1% Measure W Clean Water Fund (246) 235,000 296,867 126% 737,623 (440,756) -60% Measure M Transit Fund (247) 254,758 297,410 117% 287,150 10,260 4% SPECIAL REVENUE RESTRICTED FUNDS TOTALS 2,833,249 2,653,303 94% 3,014,357 (361,054) -12%
PROPRIETARY FUNDS (INTERNAL SERVICES)
Capitalized Equipment Fund (591) 630,643 652,485 103% 547,753 104,732 19% INTERNAL SERVICE FUNDS TOTALS 630,643 652,485 103% 547,753 104,732 19%
CAPITAL PROJECTS FUND
Interest Income - 163,837 100% (32,759) 196,596 -600%
Reimbursement 25,000 - 0% - - 0%
Huntington Library Donation 150,000 150,000 100% 100,000 50,000 50% 175,000 313,837 179% 67,241 246,596 367%
FIDUCIARY FUNDS
Agency Fund (609) 0 18,385 0% 18,468 (83) 0%
FIDUCIARY FUNDS TOTALS 0 18,385 0% 18,468 (83) 0%
ALL REVENUE GROUPS & FUNDS TOTAL 39,837,254 40,063,966 101% 36,730,230 3,333,736 9% PAGE 183 of 200
FY 22-23
Budget @ 6.30.24 % @ 6.30.23 $%
GOVERNMENTAL FUNDS (UNRESTRICTED)
General Fund (101)
City Council 31,025 25,807 83% 28,029 (2,222) -8%
City Attorney 430,000 556,050 129% 455,095 100,955 22%
Non-Departmental 1,657,541 1,490,857 90% 1,295,926 194,931 15% Administration
City Manager's Office 1,004,228 814,077 81% 801,064 13,013 2% Human Resources 765,039 584,745 76% 499,615 85,130 17%
Finance Department 753,591 742,550 99% 840,666 (98,116) -12% Administration 2,522,858 2,141,371 85% 2,141,345 194,958 9% Community Development Department 3,110,664 2,059,686 66% 1,610,372 449,314 28% Emergency Services 87,390 57,092 65% 35,909 21,183 59%
Public Works, Streets, Parks Department
Administration 589,877 553,535 94% 383,736 169,799 44%
Fleet 293,107 292,140 100% 279,746 12,394 4%
Sewers 231,530 221,125 96% 290,641 (69,517) -24%
Streets 1,045,004 1,083,373 104% 865,679 217,694 25%
Parks 566,083 527,479 93% 495,073 32,406 7%
Public Grounds 1,114,194 1,103,288 99% 994,337 108,951 11% Buildings 206,690 225,438 109% 194,602 30,836 16%
Subtotal Parks & PW 4,046,485 4,006,378 99% 3,503,815 502,563 14% Recreation Department
CSD - Admin 766,665 724,029 94% 465,626 258,403 55%
Rec- Administration 465,022 495,463 107% 472,624 22,839 5% Aquatics 146,035 99,425 68% 91,617 7,808 9%
Youth 368,926 270,340 73% 281,619 (11,279) -4%
Adult 44,903 25,834 58% 43,767 (17,933) -41%
Community Events & Enrichment 195,825 170,263 87% 139,921 30,342 22% Contract Classes 142,049 130,663 92% 141,800 (11,137) -8% Facilities & Rentals 167,235 125,976 75% 118,058 7,918 7% San Marino Center/Thurnher House - - 0% - - 0%
Subtotal Recreation 2,296,660 2,041,993 89% 1,755,031 286,962 16% Library Department
Administration 543,377 533,025 98% 514,867 18,158 4%
Adult Services 296,782 275,708 93% 238,785 36,923 15%
Children's Services 290,167 253,653 87% 217,502 36,151 17% Processing 46,493 23,796 51% 15,018 8,778 58%
Circulation 483,609 404,563 84% 351,979 52,585 15%
Subtotal Library 1,660,428 1,490,745 90% 1,338,150 152,595 11% El Molino Viejo 60,000 60,000 100% 60,000 - 0%
Total General Fund 15,903,051 13,929,980 88% 12,223,672 1,706,308 14% Public Safety Fund (103)
Police Department 9,160,382 8,745,319 95% 7,998,032 747,287 9% Fire Department 6,790,935 7,147,155 105% 6,783,919 363,236 5% Public Safety Fund 15,951,317 15,892,474 100% 14,781,952 1,110,522 8% Fourth of July Event Fund (104)
4th of July 111,327 98,542 89% 88,562 9,980 11%
4th of July Event Fund 111,327 98,542 89% 88,562 9,980 11% San Marino Center Fund (105)
San Marino Center - - 100% - - 0%
SM Center Fund - - 100% - - 0%
Fiscal Year 2023-24
Expenditure Summary Report
For Quarter Ended June 30, 2024 -- 100% of Fiscal Year Complete Fiscal Year 2023-24 Current Year v. Prior Year
ATTACHMENT 2
PAGE 184 of 200
FY 22-23
Budget @ 6.30.24 % @ 6.30.23 $%
Fiscal Year 2023-24
Expenditure Summary Report
For Quarter Ended June 30, 2024 -- 100% of Fiscal Year Complete Fiscal Year 2023-24 Current Year v. Prior Year
Donations to City Fund (281)
Police 10,000.00 - 0% 35,703 (35,703) -100%
Fire 10,000.00 - 0% 8,100 (8,100.00) -100%
Lacy Park 19,040 8,747 46% 14,777 (6,030) -41%
Recreation 2,250 1,852 82% 1,949 (97) -5%
Preschool - - 0% - - 0%
Thurnher House - - 0% - - 0%
Library Administration 66,000 11,982 18% - 11,982 0%
Library Adult Services 12,500 10,138 81% 8,992 1,146 13% Library Children's Services 25,000 23,090 92% 19,976 3,114 16% Donations to City Fund 144,790 55,809 39% 89,496 (33,687) -38% American Rescue Plan Fund (245)
HVAC System & ARPA Bonus Pay 401,783 6,236 2% 301,758 (295,522) -98% American Rescue Plan Fund 401,783 6,236 2% 301,758 (295,522) -98% Workers' Compensation Fund (595)
Administration - - 0% - - 0%
Human Resources 286,061 290,784 102% 249,909 40,875 16% Community Development 5,760 5,571 97% 1,144 4,427 387%
Police 126,720 426,774 337% 328,430 98,344 30%
Fire 211,200 322,646 153% 294,691 27,955 9%
PW Administration 23,039 823 4% 23,183 (22,360) -96%
Recreation Administration 5,760 781 14% 1,734 (953) -55% Library Administration 5,760 - 0% - - 0%
Workers' Comp Fund 664,300 1,047,379 158% 899,091 148,288 16% General Liability Fund (596)
CJPIA Insurance Premiums 766,174 766,554 100% 694,506 72,048 10% General Liability Fund 766,174 766,554 100% 694,506 72,048 10% GENERAL FUND GROUP TOTAL 33,942,742 31,796,974 94% 29,079,036 2,717,937 9%
SPECIAL REVENUE FUNDS (RESTRICTED)
Gas Tax Fund (202)
Street Rehabilitation 675,000 43,947 7% 650,000 (606,053) -93% Gas Tax Fund 675,000 43,947 7% 650,000 (606,053) -93%
Community Development Block Grant Fund (2 9,000 7,864 87% 1,709 6,155 360% County Park Prop A Bond Fund (206)
Thurnher House - - 0% - - 0%
Park Prop A Bonds - - 0% - - 0%
Prop A Transportation Fund (207)
Administration/Finance 160,300 160,468 100% 120,379 40,089 33% Streets 112,500 11,435.00 10% - 11,435 0%
Walking School Bus 0 51,990 0% - 51,990 0%
Youth 36,500 32,175 88% 23,857 8,318 35%
Adult 10,130 6,363 63% 9,247 (2,884) -31%
Prop A Transportation Fund 319,430 262,431 82% 153,482 108,948 71% 108,948
Drought Fund (209)
Contract Services - - 0% - - 0%
Drought Fund - - 0% - - 0%
PAGE 185 of 200
FY 22-23
Budget @ 6.30.24 % @ 6.30.23 $%
Fiscal Year 2023-24
Expenditure Summary Report
For Quarter Ended June 30, 2024 -- 100% of Fiscal Year Complete Fiscal Year 2023-24 Current Year v. Prior Year
Air Quality Fund (212)
Vehicle Replace-Comm Development & PD 58,790 58,782 100% 106,790 (48,008) -45% Air Quality Fund 58,790 58,782 100% 106,790 (48,008) -45% (48,008)
STPL Fund (213)
Street Rehabilitation - - 0% 270,626 (270,626) -100%
- - 0% 270,626 (270,626) -100%
Transportation Development Act (TDA) Fund (214)
City Wide Sidewalk 38,000 38,000 100% - 38,000 0%
TDA Fund 38,000 38,000 100% - 38,000 0%
Prop C Transit Fund (215)
Streets 402,500 - 0% 815,796 (815,796) -100%
Prop C Fund 402,500 - 0% 815,796 (815,796) -100%
Used Oil Grant (221)
Planning & Building - 3,482 0% - 3,482 0%
Used Oil Fund - 3,482 0% - 3,482 0%
OTS Grant (223)
Police Contract Services 83,040 19,642 24% 66,500 (46,858) -70% OTS Grant Fund 83,040 19,642 24% 66,500 (46,858) -70%
CA Dept of Conservation Fund (226)
Street Rehabilitation 91,000 - 0% - - 0%
OTS Grant Fund 91,000 - 0% - - 0%
COPS Fund (233)
Police Contract Services 156,202 205,350 131% 168,770 36,580 22% COPS Fund 156,202 205,350 131% 168,770 36,580 22%
Homeland Security Grant Fund (240)
Capitalized Equipment - - 0% - - 0%
Measure R Fund - - 0% - - 0%
Measure R Fund (243)
Street Rehabilitation 555,000 - 0% 175,000 (175,000) -100% Measure R Fund 555,000 - 0% 175,000 (175,000) -100%
Measure W Clean Water Fund (246)
107,809 217,218 50% - 107,809 0%
Measure M Fund 217,218 107,809 50% - 107,809 0%
Measure M Fund (247)
Street Rehabilitation 1,000,000 - 0% - - 0%
Measure M Fund 1,000,000 - 0% - - 0%
SPECIAL REVENUE RESTRICTED FUNDS TOTALS 3,605,180 747,306 21% 2,408,674 (1,661,367) -69%
CAPITAL PROJECTS FUNDS
Capital Projects Fund (394)
Construction - Police Department Lobby - - 0% - 0 0%
911 Dispatch Renovation - - 0% - 0 0%
PD Utilization Study 14,307.00 10,602 74% 110,693 (100,091) -90% PD Electrical Project - - 0% - 0 0%
PD Cameras - - 0% 68,197 (68,197) -100%
PAGE 186 of 200
FY 22-23
Budget @ 6.30.24 % @ 6.30.23 $%
Fiscal Year 2023-24
Expenditure Summary Report
For Quarter Ended June 30, 2024 -- 100% of Fiscal Year Complete Fiscal Year 2023-24 Current Year v. Prior Year
PD Evidence Awning - - 0% 8,458 (8,458) 0%
Fire Apparatus Doors - - 0% - 0 0%
FS Bathroom Remodel 18,250.00 - 0% 3,450 (3,450) -100%
Fire Station HVAC Upgrades - - 0% - 0 0%
Fire Station H&S Upgrades - - 0% - 0 0%
EOC Improvements 11,394 - 0% 6,906 (6,906) -100%
Civic Center Environmental Assessment - - 0% 7,200 (7,200) -100% San Marino Center Renovations 2,523,507 2,044,255 81% 5,100,106 (3,055,851) -60% Emergency Generator System 31,888 - 0% 18,147 (18,147) -100% Condition Assessment-All Buildings - - 0% - 0 0%
City Hall Campus - - 0% - 0 0%
City Hall Campus Roof Repair 50,000 - 0% - 0 0%
PW Facility Renovations 50,000 4,455 9% - 4,455 0%
Public Works Vehicle Awning Co 15,000 - 0% - 0 0%
Holiday House Restoration 10,000 1,231 12% - 1,231 0%
Stoneman Path Forward 130,000 - 0% - 0
Stoneman School Fire Safety Project - - 0% - 0 0%
Citywide Irrigation Upgrades 50,000 44,739 89% - 44,739 Stoneman Facility Upgrades 156,000 - 0% 0
Sewer Projects 0% 0
Condition Assessment-Stormwater System - - 0% - 0 0%
Drainage Wash Improvement Program 50,000 - 0% - 0 0%
Sewer/Storm Drain Replacement 60,000 18,167 30% - 18,167 0% Sewer System Mgmt Plan Update 15,000 1,628 11% - 1,628 0% Sewer Master Plan 53,583 - 0% - 0 0%
Catch Basin Replacement 26,090 7,644 29% 3,910 3,734 95% Culvert Replacement Program 276,840 65,361 24% - 65,361 0% Lift Station Replacements 2,651,500 60,810 2% 19,110 41,700 218% Rio Hondo Load Reduction Strategy - - 0% 21,257 (21,257) -100% Trash Capture Filters 25,000 - 0% - 0 0%
Street Projects 0
Street Rehab Program 5,032,678 652,406 13% 1,200,976 (548,570) -46% Pavement Condition Assessment 9,613 3,000 31% 6,910 (3,910) -57% Street Tree Management Plan 72,559 41,315 57% 47,441 (6,126) -13% Sidewalk Repair - Various Streets 983,560 815,672 83% - 815,672 0% City Wide Traffic Study 46,466 15,137 33% 17,418 (2,280) -13% Citywide Traffic Improvements 150,000 14,130 9% 14,130
Traffic Signal Cabinets 169,805 28,295 17% 28,295
Traffic Control Device Program - - 0% - 0 0%
Huntington/Mission St. Beautification 1,000,000 - 0% - 0 0% Neighborhood Traffic Calming 75,000 20,641 28% - 20,641 0% Bridge Maintenance Program 20,000 - 0% - 0 0%
Alley & Parking Lot Improvements 423,797 17,051 4% 13,703 3,348 0% Biennial Striping & Markings 109,027 29,870 27% - 29,870 0% Streetlight Management Plan 165,821 - 0% - 0 0%
Lacy Park Projects 0
Restroom Upgrades - - 0% - 0 0%
Lacy Park Master Plan - - 0% - 0 0%
Lacy Park Compost Station 20,000 - 0% - 0 0%
Lacy Park Admissions Booth - - 0% 11,307 (11,307) 0%
Lacy Park Playground Management Progr - 143,900 0% - 0 0% Lacy Park Emergency Phones - - 0% - 0 0%
Rose Arbor Renovation - - 0% - 0 0%
Condition Assessment 50,000 - 0% - 0 0%
Library Bottle Water Station - - 0% - 0 0%
Barth Room Lighting 10,000 - 0% - 0 0%
PAGE 187 of 200
FY 22-23
Budget @ 6.30.24 % @ 6.30.23 $%
Fiscal Year 2023-24
Expenditure Summary Report
For Quarter Ended June 30, 2024 -- 100% of Fiscal Year Complete Fiscal Year 2023-24 Current Year v. Prior Year
Library Window Tinting - - 0% - 0 0%
Library Computer Room Renovations - - 0% - 0 0%
Old Mill Facility Repairs 75,000 - 0% - 0 0%
The Old Mill Lighting - - 0% 25,000 (25,000) -100%
El Molino Viejo Pedestrian Lights - - 0% - 0 0%
El Molino Old Mill Restoration - - 0% - 0 0%
Capital Projects Fund 14,775,585 3,896,409 26% 6,690,189 (2,793,780) -42% CAPITAL PROJECTS FUNDS TOTAL 14,775,585 3,896,409 26% 6,690,189 (2,793,780) -42%
DEBT SERVICE FUNDS
Debt Service Fund (401)
Interest Expense 29,888 29,888 100% 57,034 (27,146) -48% Principal Repayment 545,000 545,000 100% 495,000 50,000 10% Debt Service Fund 574,888 574,888 100% 552,034 22,854 4% DEBT SERVICE FUNDS TOTAL 574,888 574,888 100% 552,034 22,854 4%
PROPRIETARY FUNDS (INTERNAL SERVICES)
Capitalized Equipment Fund (591)
Non-Departmental 118,566 120,747 102% 84,439 36,308 43% Human Resources - - 0% - - 0%
Finance - 0% - - 0%
Police 228,757 3,143 1% 81,835 (78,692) -96%
Fire 510,000 261,403 51% 98,314 163,089 166%
Emergency Services - - 0% - - 0%
Public Works Administration 129,339 63,914 49% 58,351 5,564 10% Fleet - - 0% - - 0%
Streets - - 0% - - 0%
Lacy Park - - 0% - - 0%
Public Grounds - - 0% - - 0%
Recreation Administration - 818 0% 818 - 0%
Library Administration - 16,793 0% 11,175 5,618 50%
Capitalized Equipment Fund 986,662 466,819 47% 334,932 131,888 39% INTERNAL SERVICE FUNDS TOTAL 986,662 466,819 47% 334,932 131,888 39% ALL EXPENDITURE GROUPS & FUNDS TOTAL 53,885,057 37,482,396 70% 39,064,864 (1,582,468) -4% PAGE 188 of 200
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Hillary Guirola-Leon, Finance Director
Mark Siegfried, Accounting Manager/Controller
DATE: October 25, 2024
SUBJECT: COMMITMENT OF DONATIONS FUND YEAR-END BALANCE
RESERVES
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Engaged and Connected Residents
Efficient, Responsive, and Effective City Services
Fiscally Responsible and Transparent City Government
BACKGROUND
Governmental Accounting Standards Board ("GASB") Statement No. 54 defines five specific classifications of fund balance for funds categorized as governmental funds. (All of the City’s individual funds are categorized as governmental funds, except for the Capitalized Equipment and Agency Funds.) The five fund balance classifications are intended to identify whether the specific components of fund balance are available for appropriation and are therefore "spendable." The classifications also are intended to identify the extent to which fund balance is constrained by special restrictions, if any.
Applicable only to governmental funds, the five classifications of fund balance are as follows:
Classifications Nature of Restriction
Non-spendable Cannot be readily converted to cash
Restricted Externally imposed restrictions
Committed City Council imposed commitment
Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
PAGE 189 of 200
Assigned City Manager assigned purpose/intent
Unassigned Residual balance not otherwise
restricted/committed/assigned
Committed fund balance: That portion of a fund balance that includes amounts that can only be used for specific purposes pursuant to constraints imposed by formal action by the government's highest level of decision-making authority, and remain binding unless removed in the same manner. The City considers a resolution to constitute a formal action for the purposes of establishing a committed fund balance. The action to constrain resources must occur within the fiscal reporting period; however the amount can be determined subsequently.
DISCUSSION
On September 28, 2018, the City Council adopted the City's Donations Policy.
The Policy requires appropriate accounting and internal controls over donations activity, especially within the Donations Fund which is a component of the General Fund. The Policy also provides that properly documented excess or deficit annual collections can be carried between years on the City's accounting records. This will satisfy the intention of our donors that we apply their donations to intended purposes even if transactions cross fiscal years.
In October 2023, the City Council reaffirmed the committed fund balance of $245,605 as of June 30, 2023. The $245,605 was reported as committed fund balance of the General Fund on the City’s audited Annual Comprehensive Financial Report at June 30, 2023, as a result of this Council action. (The Donations Fund is combined with the General Fund on the City’s audited Annual Comprehensive Financial Report.)
To be consistent and for maximum transparency, the year-end figures of the Donations Fund are being presented to the City Council again this year for review and to authorize the Finance Department to commit these balances as of June 30, 2024.
FISCAL IMPACT & PROCUREMENT REVIEW
If approved, the committed balance would increase by $75,998 from last year’s balance of $245,605 that was approved at the October 11, 2023, City Council meeting.
PAGE 190 of 200
See Attachment 1 for a breakdown of this committed balance by City activity.
This report requires no procurement review.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends that the City Council approve the accompanying resolution to commit the balance as of June 30, 2024, as noted in the attachments. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to adopt Resolution No. R-24-28 to commit the balance of $321,603 in the Donations Fund as of June 30, 2024.”
ATTACHMENTS
1. Committed balance by City Activity
2. Committed Fund Balances from Audited Annual Comprehensive Financial Report as of June 30, 2023
3. Resolution No. R-24-28
Balance at Balance at
6/30/2023 Donations Expenditures 6/30/2024
Community Development Projects $ 72,288 $ 13,450 $ - $ 85,738 Public Safety 33,235 20,863 - 54,098
Parks and Recreation 62,325 29,562 (10,599) 81,288
Library 77,757 67,932 (45,210) 100,479
Total $ 245,605 $ 131,807 $ (55,809) $ 321,603
PAGE 191 of 200
ATTACHMENT 1
Balance at Balance at
6/30/2023 Donations Expenditures 6/30/2024
Community Development Projects
Centennial Fountain 72,288 13,450 - 85,738
Public Safety
Police Department 25,034 16,568 - 41,602
Public Safety Family Assist 100 - - 100
Fire Department 8,101 4,295 - 12,396
33,235 20,863 - 54,098
Parks and Recreation
Patrick's Tree 6,099 1,135 - 7,234
Lacy Park (8,552) 14,210 (5,658) -
Parklet 1,596 296 - 1,892
War Memorial 39,822 7,765 - 47,587
Recreation 14,224 2,072 (3,089) 13,207
Track Meet & Memorial Day & 4th of Ju 6,242 3,545 (1,852) 7,935 Preschool 2,894 539 - 3,433
62,325 29,562 (10,599) 81,288
Library
Library Administration 13,444 15,224 (11,900) 16,768
Crain Art Gallery 15,020 5,074 (82) 20,012
Adult Services 29,475 19,184 (10,138) 38,521
Children's Services 19,818 28,450 (23,090) 25,178
77,757 67,932 (45,210) 100,479
Grand Total 245,605 131,807 (55,809) 321,603
PAGE 192 of 200
CITY OF SAN MARINO, CALIFORNIA
Notes to the Financial Statements
June 30, 2023
NOTE 11: COMMITMENTS AND CONTINGENCIES
Numerous claims and suits have been filed against the City in the normal course of business. Based upon information received from the City Attorney and the self-insurance administrator, the estimated liability under such claims would be adequately covered by self-insurance designations and insurance coverage.
1. Commitments
At June 30, 2023, the City had two material construction commitments. The Sidewalk Replacement Program contracted for $439,215 and has not incurred any expenditures as of June 30, 2023. The San Marino Community Center Renovation Project contracted for $8,363,766 with total expenditures of $5,745,273 as of June 30, 2023.
The total remaining commitments for these projects is $3,057,708.
NOTE 12. FUND BALANCE CLASSIFICATION
At June 30, 2023, the governmental funds report the following fund balance classifications:
Total Total
Capital Nonmajor Governmental
General Projects Fund Funds Funds
Nonspendable
Notes and loans receivable $ 5,157 $ - $ - $ 5,157
Inventories 106,552 - - 106,552
Prepaid costs 38,426 - - 38,426
Total nonspendable 150,135 - - 150,135
Restricted
Public safety - 551,446 - 551,446
Public works - 3,476,959 - 3,476,959
Community development - 651,371 - 651,371
Parks and recreation - - 19,857 19,857
Debt service - - 16,406 16,406
CEPPT Investments Trust 1,004,869 - - 1,004,869
Total restricted 1,004,869 - 4,716,039 5,720,908
Committed
Community development projects 72,288 - - 72,288
Public safety 33,235 - - 33,235
Parks and recreation 62,325 - - 62,325
Library 77,757 - - 77,757
Total committed 245,605 - - 245,605
Assigned
Capital projects - 15,787,572 - 15,787,572
Total assigned - 15,787,572 - 15,787,572
Unassigned 16,224,014 - (50,036) 16,173,978
Total fund balances (deficits) $ 17,624,623 $ 15,787,572 $ 4,666,003 $ 38,078,198 53 ATTACHMENT 2
PAGE 193 of 200
RESOLUTION NO. R-24-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
MARINO, APPROVING COMMITMENT OF FUND BALANCES IN
THE DONATIONS FUND
WHEREAS, the Governmental Accounting Standards Board (GASB) has issued Statement No. 54 establishing a hierarchy of fund balances as follows:
• Non-Spendable Fund Balance – Amounts that are not in a spendable form or are required to be maintained intact. Examples are inventory, pre-paid expenses, and revolving cash fund amounts.
• Restricted Fund Balance – Amounts that can be spent only for the specific purposes stipulated by external resource providers (such as grantors), or enabling legislation.
Restrictions may be changed or lifted only with the consent of the resource providers. • Committed Fund Balance – Amounts subject to internal constraints self-imposed by the City’s highest level of decision-making authority. Commitments may be changed or lifted only by the City Council taking the same formal action that imposed the constraint originally.
• Assigned Fund Balance – Amounts the City intends to use for a specific purpose.
Assignments may be established by the City Manager or by a designee of the City Manager.
• Unassigned Fund Balance – Amounts representing the residual balance in the General Fund that has not been assigned to other funds and that are not in the other classifications.; and
WHEREAS, GASB Statement No. 54 further clarifies the constraints that govern how a governmental entity can use and designate amounts reported as fund balance and stipulates that the Fund Balance can only be Committed by action of the highest level of decision-making authority of the governmental entity; and
WHEREAS, the City Council is the highest level of decision-making authority, and has the authority to commit, assign, or evaluate existing fund balance classifications and identify the intended uses of committed or assigned funds pursuant to City Policy; and WHEREAS, the committed fund balance classification reflects amounts subject to internal constraints self-imposed by the City Council; and
WHEREAS, once the committed fund balance constraints are imposed it requires the constraint to be removed by the City Council prior to redirecting the funds for other purposes; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MARINO, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE THAT in accordance with the provisions of GASB 54, hereby commits the following portions of fund balances, as indicated by the Committed Fund Balance classification, and funds cannot be used for PAGE 194 of 200
CITY OF SAN MARINO RESOLUTION NO. R-24-28
PAGE TWO
any purpose other than directed below, unless the City Council adopts another resolution to remove or change the constraint:
• The ending balance in the Donations Fund (Fund 281) at June 30, 2024, in the amount of $321,603.
PASSED, APPROVED, AND ADOPTED, at a Regular Meeting of the City Council of the City of San Marino, California, on this 25th day of October, 2024. ______________________________________
STEVEN W. HUANG, DDS
MAYOR
ATTEST:
__________________________________
ALISON WALKER
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SAN MARINO )
I, ALISON WALKER, City Clerk of the City of San Marino, California, hereby certify that Resolution No R-24-28 was adopted by the City Council of the City of San Marino at a Regular Meeting held on the 25th day of October, 2024, and that the same was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
ALISON WALKER
CITY CLERK
PAGE 195 of 200
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Lizette Guerrero, Human Resources Director
John Incontro, Police Chief
DATE: October 25, 2024
SUBJECT: ADOPTION OF SIDE LETTER OF AGREEMENT BETWEEN
THE SAN MARINO POLICE OFFICERS ASSOCIATION AND
THE CITY OF SAN MARINO CONCERNING THE PROPOSED
MODIFICATION TO SECTION 06.01 AND ADDITION OF
SECTION 06.03 TO THE MEMORANDUM OF
UNDERSTANDING
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Safe Community
Fiscally Responsible and Transparent City Government
Efficient, Responsive, and Effective City Services
BACKGROUND
On May 31, 2024, the City Council adopted the July 1, 2024, to June 30, 2027, Memorandum of Understanding (“MOU”) with the San Marino Police Officers Association (“SMPOA”). The MOU contains provisions related to probationary periods and related definitions.
DISCUSSION
Currently, Article 6 of the MOU (Probation Period) provides for the number of months a newly hired police officer candidate must complete to demonstrate suitability for the job. Additionally, Article 6 describes hiring requirements and the probationary period for lateral transfer officers to include Article 6, Section
06.01, Subsection (b), that requires that a lateral candidate must have at least three (3) years of experience acting as a full-time paid police officer. This Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
PAGE 196 of 200
provision has presented an artificial impediment to the department’s recruitment efforts and is not a requirement of law.
The proposed Side Letter of Agreement identifies the three hiring categories. They include:
• Eligible candidates with no experience or training that the Department must put through POST academy training and absorb the full cost of that training.
• California POST Academy Graduate Candidates who have successfully completed academy training but who are not in possession of a California POST Basic Certificate.
• Lateral Police Officer Candidates who have completed a California POST Certified Basic Academy and possess a POST Basic Certificate and/or California POST basic course waiver; and
The proposed amendment to the MOU clarifies and more accurately reflects hiring standards set forth by the Commission on Peace Officer Standards and Training (POST) and the California Code of Regulations and enhances how we target recruitment, where we place candidates when we hire them and addresses budgeting concerns and the time it takes for an officer to demonstrate suitability for the position of police officer.
The Chief of Police and the Human Resources Director have met and conferred with the SMPOA concerning the proposed modification to Section 06.01 and the addition of Section 06.03 to the MOU.
FISCAL IMPACT & PROCUREMENT REVIEW
No fiscal impact is anticipated as a result of the modification to Section 06.01 and the addition of Section 06.03 to the MOU.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends that the City Council adopt the Side Letter of Agreement between the San Marino Police Officers Association and the City of San Marino. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to adopt the Side Letter of Agreement between the San Marino Police Officers Association and the City of San Marino concerning the proposed modification to Section 06.01 and addition of Section 06.03 to the Memorandum of Understanding.”
PAGE 197 of 200
ATTACHMENTS
1. Side Letter of Agreement Between the San Marino Police Officers Association and the City of San Marino concerning the proposed modification to Section 06.01, Probations Period and addition of Section 06.03, Definitions.
PAGE 198 of 200
Side Letter of Agreement
Between the San Marino Police Officers Association (“SMPOA”) and the City of San Marino (“City”)
WHEREAS, On May 31, 2024, the City Council adopted the July 1, 2024, to June 30, 2027, Memorandum of Understanding (“MOU”) with the San Marino Police Officers Association (“SMPOA”); and
WHEREAS, the Chief of Police and the Human Resources Director have met and conferred with the SMPOA concerning the proposed modification to Section 06.01 and the addition of Section 06.03 to the MOU; and
WHEREAS, the SMPOA and the City agree to the following modifications to the MOU:
Section 06.01. PROBATION PERIOD. An employee initially appointed to a class shall serve a probationary period during which the employee shall have an opportunity to demonstrate suitability for the job. For all new police officers, the initial probationary period shall be eighteen (18) months beginning the effective date of the class of employment for which the employee has been hired, lateral transfers are subject to a 12- month probationary period. An employee who has been promoted to a higher classification within the Association shall be on probation for six (6) months. Under certain conditions, if necessary to adequately evaluate such employee, with the approval of the City Manager and the Police Chief, the probationary period may be shortened or extended.
A POST Academy graduate is subject to an 18-month probationary period.
A sworn police officer shall be considered a lateral based upon the following:
a) The officer must have successfully completed a California POST approved Basic Academy.
b) The officer must have completed a California POST approved Training Program or have completed and received a California POST basic course waiver, subject to review and approval by the Chief of Police.
c) The hired officer must possess a valid Basic POST certificate or higher issued by the State of California or a California POST basic course waiver, subject to approval by the Chief of Police.
d) The Chief of Police or City Manager shall have the discretion to shorten or extend the probationary period if deemed appropriate.
WHEREAS, the SMPOA and the City agree to the following addition to the MOU:
PAGE 199 of 200
Section 06.03. DEFINTIONS.
a) Lateral Police Officer candidate is a person who has completed a California certified POST Basic Academy, a California POST approved Training Program and possesses a POST Basic Certificate issued by the State of California. Additionally, the candidate may have completed and received a California POST basic course waiver. b) A POST Academy graduate candidate is a person who has graduated from a California POST Approved Basic Academy and does not possess a California POST Basic Certificate.
Accordingly, the parties agree to the modifications to Section 06.01. PROBATION PERIOD and the addition of Section 06.03. DEFINITIONS to the MOU.
Dated: October 25, 2024 _________________________________ San Marino Police Officers Association
Dated: October 25, 2024 _________________________________ City of San Marino
PAGE 200 of 200