REVISED
AGENDA – FEBRUARY 28, 2025 PAGE 1 of 257
CITY OF SAN MARINO
CITY COUNCIL AGENDA
Gretchen Shepherd Romey, Mayor
Tony Chou, Vice Mayor
Hunter Chang, Council Member
John Chou, Council Member
Calvin Lo, 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, FEBRUARY 28, 2025 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
REVISED
AGENDA – FEBRUARY 28, 2025 PAGE 2 of 257
be distributed to City Council during the meeting. Any comments received after 3:00 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 Chang, Council Member Chou, Council Member Lo, Vice Mayor Chou, and Mayor Shepherd Romey
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.
NEW BUSINESS
1. REVIEW OF FISCAL YEAR 2024-25 MID-YEAR FINANCIAL REVIEW,
UPDATED FIVE-YEAR FINANCIAL FORECAST AND LONG-TERM
FINANCIAL PROJECTIONS, AND APPROVAL OF BUDGET
AMENDMENTS
Recommendation: Staff recommends that this report be received and filed, and that the Council approve the proposed FY 2024-25 budget adjustments as reflected in Attachments 1 and 2. If the City Council concurs with staff’s recommendations, the appropriate motion would be:
“I move to receive and file the FY 2024-25 Mid-Year Financial review, Updated FiveYear Financial Forecast, and Long-Term Financial Projections, and approve the FY 2024-25 proposed budget amendments.”
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AGENDA – FEBRUARY 28, 2025 PAGE 3 of 257
2. REAPPROPRIATION OF AQUATICS PROGRAM BUDGET
Recommendation: Staff recommends that the City Council reappropriate the aquatics program budget and discontinue the program. If the City Council concurs, an appropriate motion would be:
“I move to reappropriate the aquatics program budget and discontinue the program.”
3. APPROVAL OF AMENDMENT NO. 3 WITH ECONOMICS, INC. IN THE AMOUNT OF $198,910 FOR SOLID WASTE CONSULTING SERVICES
AND AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP)
FOR MUNICIPAL SOLID WASTE AND DIVERTIBLE MATERIALS
COLLECTION, PROCESSING, DISPOSAL AND TRANSPORTATION
SERVICES
Recommendation: Staff recommends that the City Council approve Amendment No. 3 to the agreement with Economics, Inc. for solid waste consulting services and authorize staff to issue a RFP for solid waste and recycling services. If the Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to 1) approve Amendment No. 3 to the agreement with Economics, Inc. for solid waste consulting services in the amount of $198,910, 2) authorize the City Manager to execute the Amendment on behalf of the City, 3) approve a budget amendment for FY 2024-25 adding $90,000 to Account # 101-40-4104-0000 and 4) authorize staff to issue a Request for Proposals (RFP) for municipal solid waste and divertible materials collection, processing, disposal and transportation services.”
CONSENT CALENDAR
4. APPROVAL OF AMENDMENT NO. 1 TO THE MAINTENANCE SERVICES
AGREEMENT WITH MARIPOSA TREE MANAGEMENT FOR PROFESSIONAL TREE MAINTENANCE SERVICES IN THE AMOUNT OF $220,000 AND
APPROVAL OF A BUDGET AMENDMENT
Recommendation: Staff recommends the City Council approve Amendment No. 1 with Mariposa Tree Management, increasing the total contract amount to $2,237,227 and authorize the City Manager to execute the Amendment. If Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve Amendment No. 1 with Mariposa Tree Management, increasing the total contract amount to $2,237,227 and authorize the City Manager to execute the Amendment.”
REVISED
AGENDA – FEBRUARY 28, 2025 PAGE 4 of 257
5. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH WESTERN AUDIO VISUAL FOR THE INSTALLATION AND 5 YEAR MAINTENANCE
CONTRACT FOR AUDIO-VISUAL SYSTEM IMPROVEMENTS FOR CITY
COUNCIL CHAMBERS AND INSTALLATION OF CAMERAS FOR PUBLIC
MEETING RECORDING AT THE SAN MARINO COMMUNITY CENTER IN THE AMOUNT OF $110,139.11
Recommendation: Staff recommends the Council award and approve the installation and 5-year maintenance contract with WesternAV for audio-visual system improvements for City Council chambers and installation of cameras for public meeting recording at the San Marino Community Center. If the Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the Professional Services Agreement with Western Audio Visual for the installation and 5-year maintenance contract for audio-visual improvements for City Council chambers and installation of cameras for public meeting recording at the San Marino Community Center in the amount of $110,139.11.”
6. AWARD OF EMERGENCY MINOR CONSTRUCTION AGREEMENT TO
SUPERIOR AWNING TO REPLACE WINDSTORM DAMAGED PUBLIC
WORKS WASH BAY AWNING COVER IN THE AMOUNT OF $51,760
Recommendation: Staff recommends the City Council approve an award of an emergency minor construction agreement in the amount of $51,760 to Superior Awning for the removal of the damaged wash bay awning cover and installation of a new wash bay awning cover, and approve a budget adjustment in the amount of $51,760 in account #101-08-4376-2025. If the Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve an award of an emergency minor construction agreement in the amount of $51,760 to Superior Awning for the removal of the damaged wash bay awning cover and installation of a new wash bay awning cover, approve the necessary budget adjustments, and authorize the City Manager to execute the agreement on behalf of the City.”
7. APPROVAL OF CONTRACT FOR CONSULTING ARBORIST SERVICES WITH PETER C. HARNISCH, CONSULTING ARBORIST
Recommendation: Staff recommends the City Council approve the contract and authorize the City Manager to execute the agreement. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the contract with Peter Harnisch, Consulting Arborist and authorize the City Manager to execute the agreement.”
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AGENDA – FEBRUARY 28, 2025 PAGE 5 of 257
8. APPROVAL OF CONTRACT AMENDMENT WITH RAFTELIS FINANCIAL
CONSULTANTS, INC
Recommendation: Staff recommends the Council approve the contract amendment in the amount not-to-exceed $7,208. Staff also recommends the approval of budget adjustments needed in the General fund to cover the cost of the amendment. If Council agrees with staff’s recommendation a motion would be:
“I move to authorize the City Manager to execute the contract amendment with Raftelis, in the amount not to exceed $7,208 and approve the FY 24/25 budget amendment to appropriate $7,208 in the General Fund.”
9. RECEIVE AND FILE FINANCIAL REPORT FOR SECOND QUARTER (OCTOBER 2024 THROUGH DECEMBER 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 December 31, 2024.”
WRITTEN COMMUNICATIONS OR PUBLIC WRITINGS DISTRIBUTION
This is an opportunity to announce any written communications pertaining to the City received by members of the City Council. All public writings distributed by the City of San Marino to at least a majority of the City Council regarding any item on this agenda will be made available at the Public Counter at City Hall located at 2200 Huntington Drive, San Marino, California 91108, and will also be included in the public agenda packet that will available for review at the City Council meeting.
FUTURE AGENDA ITEMS
ADJOURNMENT
Posted: 2/24/2025 ALISON WALKER
CITY CLERK
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Hillary Guirola-Leon, Finance Director
Mark Siegfried, Accounting Manager/Controller
DATE: February 28, 2025
SUBJECT: REVIEW OF FISCAL YEAR 2024-25 MID-YEAR FINANCIAL
REVIEW, UPDATED FIVE-YEAR FINANCIAL FORECAST
AND LONG-TERM FINANCIAL PROJECTIONS, AND
APPROVAL OF BUDGET AMENDMENTS
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Fiscally Responsible and Transparent City Government
Efficient, Responsive, and Effective City Services
BACKGROUND
On May 31, 2024, City Council adopted the Fiscal Year (FY) 2024-25 budget.
The budget was established using Priority Initiatives as the City’s strategic goals.
Since budget adoption, staff has closely monitored the budget each month for both revenues and expenditures. On January 8, 2025, the Financial Report for the first quarter (July 2024-September 2024) was submitted to the City Council as required by the Citywide Financial Policies.
Now with 6 months’ worth of data, staff has analyzed budget projections against year-to-date actuals, current year trends, and current economic conditions.
Overall, the General Fund group is projected to end the fiscal year with a deficit of ($865,678). Included in the FY 2024-25 projections are one-time expenditures related to the Windstorm incident and workers’ compensation Gretchen Shepherd Romey, Mayor
Tony Chou, Vice Mayor
Hunter Chang, Council Member
John Chou, Council Member
Calvin Lo, Council Member
PAGE 6 of 257
settlements paid during the year. The City is actively seeking reimbursement through our insurance provider and/or FEMA for costs incurred related to the Windstorm incident. A corresponding revenue is expected to cover this expenditure net of any insurance deductibles. At this time, staff is requesting a mid-year expenditure adjustment to cover the costs incurred while the reimbursement process is ongoing.
Staff has included Attachments 1 and 2 listing the recommended budget amendments for FY 2024-25 for Council’s approval.
As part of the mid-year process, the Five-Year Financial Forecast and LongTerm (29 Year) Financial Projections have also been updated. These are included as Attachments 4 and 5 as part of the staff report.
DISCUSSION
FY 2024-25 Mid-Year Financial Review
As part of the Mid-Year financial review, staff analyze both revenue and expenditures against year-to-date actuals and trends. City departments also review year-to-date activity, any operating changes, and the status of capital projects. The information obtained in the mid-year financial review is used to propose budget adjustments where necessary. Mid-year projections are then used to update the long-term forecasts.
General Fund Group: Revenues
The City’s primary revenue sources are Property Taxes, Utility Users Tax, Franchise Taxes, and Sales Tax; making up approximately 76% of the FY 2024-25 budgeted revenues. Year-to-date actuals were analyzed against budgeted amounts and projections were updated for FY 2024-25. Overall, the General Fund group revenues are projected to increase by $736,200 from budgeted amounts.
Table 1 below shows the current FY 2024-25 budget, projected year-end amounts, and the mid-year amendments proposed.
Table 1 – General Fund revenues by Revenue Source
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• Note 1: In October 2024, staff met with HDL, the City’s property tax consultant, to review projections for FY 2024-25. The City's net taxable assessed value increased by 4.4% compared to the previous year.
As of December 2024, property taxes are showing a 4.4% increase compared to the previous year. This growth of 4.4% compares favorably with the 4% assumed growth in the FY 2024-25 budget projections.
Given the current trends and estimates from HDL, staff continues to project a 4% growth for the FY 2024-25 budget. No budget amendments are proposed.
• Note 2: Sales Tax revenues are projected to remain flat and end the fiscal year similar to FY 2023-24. Sales tax has experienced declines on a statewide level due to various economic factors specific to each business category. Based on the latest HDL sales tax projections and trends, a traditional growth of 2-3% is forecasted for future years. The proposed FY 2024-25 mid-year amendment is $18,000.
• Note 3: Utility Users Taxes are 20.1% higher than last year. The higher revenues are primarily due to usage as well as an increase in base rates charged by Edison and Cal American Water. The City has also seen an increase on the expenditure side related to utility costs. The proposed FY 2024-25 mid-year amendment for Utility Users Tax revenues is $327,000.
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• Note 4: Charges for Services are $92K or 16.3% higher than last year.
The increase is primarily due to an increase in plan check fees. Overall, the mid-year adjustment proposed is $25,000.
• Note 5: Licenses & Permits revenue is trending higher than prior year primarily due to building permits increasing by $287K compared to last year. The mid-year adjustment is $342,000.
• Note 6: A mid-year adjustment of $24,200 is proposed to account for donations received during the fiscal year.
General Fund Group: Expenditures
As of December 2024, 54% of budgeted expenditures have been spent to date, with 46% remaining. As part of the mid-year process, expenditures were analyzed and proposed amendments are explained below. Overall, the proposed mid-year expenditure amendments for the General Fund group are approximately $1.77M.
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Table 2 lists the FY 2024-25 budget, projected ending expenditures, and midyear amendments proposed.
Table 2 – General Fund Group Expenditures
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• Note 1: Overtime costs in the Fire Department are trending higher than budgeted as of December 2024. The increase in overtime costs is due to shift coverage and a vacancy in the Department. Overall, a mid-year amendment is needed in Fund 103 related to Public Safety salaries in the amount of $169,803.
• Note 2: The Worker’s Compensation Fund is trending higher than budgeted. The increase is primarily due to one-time workers compensation settlements paid during the Fiscal Year. The total proposed mid-year amendment for FY 2024-25 is $1,030,802. • Note 3: The Legal Services account is trending higher than budgeted.
Recent legislation has imposed additional investigation and reporting requirements on the City for certain HR matters. Overall, a mid-year adjustment of $78,000 is needed.
• Note 4: A mid-year adjustment of $37,325 is needed to cover miscellaneous expenditures. Approximately $20,000 is the appropriation of donation funds received during the year. The remainder of the increase needed is due to an increase in Los Angeles County property tax administration costs.
• Note 5: A mid-year adjustment of $197,820 is needed for utility costs city-wide.
• Note 6: A mid-year adjustment of $261,277 is required to cover the Windstorm 2025 expenses incurred so far. The City has incurred emergency response costs due to the Windstorm incident and has initiated discussions with both our insurance provider and FEMA regarding the reimbursement process. This adjustment is necessary to cover the expenses to date, and staff will continue working with the City’s insurance provider and FEMA to recover these costs.
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FY 2024-25 Year-End Projections
Table 3 shows the overall FY 2024-25 projections for the General Fund group.
Table 3 – General Fund Group Mid-Year Projections
Overall, the General Fund group is projected to end FY 2024-25 at a deficit of ($865,678).
Per the Citywide Financial Policies, General fund reserves should only be used for one-time expenditures and shall not be used to cover operating expenditures. This is also in line with best practice and supports fiscal sustainability in the long-term.
Table 4 below lists one-time expenditures that are included in the current projections.
The Windstorm expenditures of $261,277 reflect costs incurred to date related to emergency response and windstorm recovery. Staff will continue to assess the damage and update costs. The City is actively seeking reimbursement through our insurance provider and/or FEMA. The corresponding revenue is expected to cover this expenditure net of any insurance deductible. At this time, staff is requesting a mid-year expenditure adjustment to cover the costs incurred while the reimbursement process is ongoing.
Revised Budget
FY 2024-25
Projected YE
FY 2024-25
Mid Year
Proposed
Adjustments
Total Revenues $ 35,653,313 $ 36,389,513 $ 736,200
Total Expenditures $ 35,480,165 $ 37,255,191 $ 1,775,026 Annual Operating Surplus (Deficit) $ 173,148 $ (865,678) $ (1,038,826) PAGE 12 of 257
Table 4 – One-Time Expenditures included in FY 2024-25 Projections Per City policy, reserves should not be used to fund ongoing operating expenditures but may be used to pay for one-time expenditures.
Approximately $956K of the projected expenditures are related to one-time expenditures in FY 2024-25. Therefore, reserves can be a funding source used in FY 2024-25.
Impact on Reserves
The General Fund group started FY 2024-25 with an unassigned reserve balance of $17.7M. Table 5 outlines the projected ending reserve balance at year-end, taking into account the proposed mid-year adjustments. The General Fund balance will continue to meet the minimum required by fiscal policy, with an estimated year-end balance of 47.8% of operating revenues.
The reserve above the required minimum is projected to be approximately $2.2M at June 20, 2026.
Table 5 – General Fund Reserves Projections
Use of Reserves (One-Time Items)
Windstorm Emergency Response 261,277
Worker's Compensation Settlements 695,126
TOTAL $ 956,403
Fund Balance at 7/1/2024 (Reserves) 17,706,613
Projected Deficit FY 2024-25 (865,678)
Estimated Ending Fund Balance at 6/30/25 16,840,935
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Updated Five-Year Financial Forecast and Long-Range Financial Projections
Table 6 below shows the 5-year forecast for the General Fund group.
Table 6 – General Fund Group 5-Year Forecast
The Five-Year Financial Forecast (Attachment 4), is the fiscal projection for the next five fiscal years. The assumed projected growth rate was determined using various data points from prior year actuals, current pension valuations, three-year averages, current year trends, and other relevant information.
Revenues:
The forecast assumes the Public Safety Parcel tax expires and is not renewed for FY 2029-30. The forecast also assumes Utility Users Tax expires in March 2027 and is not renewed.
Expenditures:
In the forecast, total operating expenditures are projected to increase an average of 3% each fiscal year.
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Based on these projections, operating revenues will not grow at the same rate as ongoing expenditures, causing a structural deficit. The projected deficit for the next 5-years ranges from $1.3M - $9.3M.
The Path Forward:
Although the structural revenue issues have been highlighted by staff for years, their impacts were significantly exasperated by the COVID-19 pandemic and the historic economic challenges it brought with it, resulting in a present-day need to address them head on as soon as possible. The compounding effects of inflation at rates not seen in decades, disruptions to workforce availability, and supply chain issues, have resulted in more dire impacts to cities with limited revenue streams or growth like San Marino. As a response to this mounting revenue issue, during the FY 2024-25 budget process, the City Manager outlined a roadmap of actions necessary to be undertaken in order to stabilize the City’s finances. This roadmap included short, mid- and long-term actions that must be implemented if the City Council and the community wish to maintain the current levels of service. A few of the actions implemented to date include the passage of the Public Safety Parcel Tax (Measure SM) by voters in the November 2024 election, the sale of excess Proposition A funds to the City of Pasadena, and the reallocation of COPS funds to better support Police Department operations.
In the mid-term, staff have been working to update the City’s user fees (fees for services delivered to individuals such as those necessary to inspect fire plans, obtain a conditional use permit, film permit, etc.), study revenue sources for maintaining the City’s aging sewer infrastructure, and addressing operational efficiencies to reduce expenses. One primary area of focus as outlined last year is to address the drivers of overtime expenses. As an example, the Fire Department is reducing the utilization of forced overtime hiring as a method of staffing when personnel are unable to fill shifts for various reasons. This is expected to result in significant reduction of unbudgeted expenditures while still ensuring that the high levels of life-safety services are delivered to the community.
In the long-term, over the course of the next one to two years, several additional actions will need to be taken to maintain the San Marino we know and love. These include renewal of the City’s utility users tax at a rate that more appropriately reflects the community’s expectations of the City by way PAGE 15 of 257
of service delivery; a one cent district tax measure to keep dollars spent in San Marino; and working with The Huntington to better fund impacts to City services by their visitors, to name a few.
By implementing the actions outlined above, coupled with sound budgeting practices across the City’s budget, the City will be able to address the structural deficit over the next few years.
Budget Amendments
Attachments 1 and 2 are the budget amendments proposed for Council approval. The budget amendments needed have been discussed in detail in this report for the General Fund group.
There are also budget amendments needed for Special Revenue Funds.
Special Revenue Funds are related to grants and are analyzed as part of the mid-year financial review to assess its impact on the General Fund. There is no impact to the General Fund projected, all budget amendments proposed are projected to be covered by available grant funding.
FISCAL IMPACT & PROCUREMENT REVIEW
The proposed budget adjustments in Attachment 2 have a net impact of $1,038,826 in the General Fund. The General fund is projected to end FY 2024-25 at a deficit of ($865,678).
This report requires no procurement review.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends that this report be received and filed, and that the Council approve the proposed FY 2024-25 budget adjustments as reflected in Attachments 1 and 2. If the City Council concurs with staff’s recommendations, the appropriate motion would be:
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“I move to receive and file the FY 2024-25 Mid-Year Financial review, Updated Five-Year Financial Forecast, and Long-Term Financial Projections, and approve the FY 2024-25 proposed budget amendments.”
ATTACHMENTS
1. Proposed FY 2024-25 Budget Amendments Summary: General Fund Group
2. Proposed FY 2024-25 Budget Adjustments: Special Revenue Funds
3. FY 2024-25 Year-End Projections
4. Five-Year Financial Forecast
5. Long-Term Financial Projections
6. Revenue Summary at December 2024
7. Expenditure Summary at December 2024
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Attachment #1
Mid-Year Budget Adjustments
General Fund Group
Account Name
Sales & Use Taxes
Account Number
101-00-3030-0000
101-00-3044-1650
101-14-3308-0000
101-14-3151-0000
101-00-3044-4510
Type of Appropriation Budget Amendment Amount Notes
Revenue
Revenue
Revenue
Revenue
Revenue
18,000
177,000
25,000
Utility Users Taxes - Edison
Plan Check Fees
Building Permits 342,000
Utility Users Taxes - Metro Wa 150,000
Account Name
Lacy Park Donations Received
Recreation Donations Received
Library Donations Received
Adult Materials Donations-Othe
Children's Mats. Donations
Account Number
281-50-3601-0000
281-60-3601-0000
281-90-3601-0000
281-91-3601-0000
281-92-3601-0000
Type of Appropriation Budget Amendment Amount
Revenue
Revenue
Revenue
Revenue
Revenue
6,000 To account for donations received
672 To account for donations received
5,734 To account for donations received
8,200 To account for donations received
3,594 To account for donations received
Account Name Account Number
595-00-3800-2800
Type of Appropriation Budget Amendment Amount
Transfer In-General Fund Revenue 1,030,802 Transfer in from the General fund to account for mid-year expenditure Account Name
Contract Lgl Srvcs-Litigation
Contract Legal Svc.s-Labor
Property Tax Admin Fee SB2557
Utilities-Water
Account Number
101-06-4106-2756
101-10-4106-3415
101-08-4495-0000
101-08-4500-9460
101-11-4500-9460
101-50-4500-9460
101-52-4500-9460
101-70-4500-9460
101-90-4500-9460
101-48-4500-1980
101-70-4500-1980
101-90-4500-1980
101-08-4376-2025
101-00-4900-9790
Type of Appropriation Budget Amendment Amount
Expenditure
Expenditure
Expenditure
Expenditure
Expenditure
Expenditure
Expenditure
Expenditure
Expenditure
Expenditure
Expenditure
Expenditure
Expenditure
Expenditure
45,000
33,000
17,541
7,592 Utility bills are trending higher
Utilities-Water - Utility bills are trending higher
Utilities-Water 32,254 Utility bills are trending higher Utilities-Water 94,357 Utility bills are trending higher Utilities-Water 1,762 Utility bills are trending higher Utilities-Water 4,743 Utility bills are trending higher Utilities-Electricity 20,062 Utility bills are trending higher Utilities-Electricity 28,500 Utility bills are trending higher Utilities-Electricity 8,550 Utility bills are trending higher 2025 Windstorm Expenses
Transfers Out to Workers' Comp
261,277 Expenditures incurred as a repsonse to the local emergency 1,030,802 Transfer in to Worker's Comp fund to cover mdi-year expenditure adjustments Account Name
Overtime
Account Number
103-34-4004-0000
Type of Appropriation Budget Amendment Amount
Expenditure 169,803
Account Name
Materials & Supplies
Account Number
281-90-4376-0000
281-91-4150-0000
281-91-4370-0000
281-91-4376-0000
281-92-4150-0000
281-60-4376-0000
281-50-4399-0000
Type of Appropriation Budget Amendment Amount
Expenditure
Expenditure
Expenditure
Expenditure
Expenditure
Expenditure
Expenditure
5,734 To appropriate donations received
Other Contract Services
Adult Materials-Other
Materials & Supplies
5,000 To appropriate donations received
200 To appropriate donations received
4,165 To appropriate donations received
Other Contract Services
Recreation Supplies
3,134 To appropriate donations received
551 To appropriate donations received
Non-Capitalized Equipment 1,000 To appropriate donations received -Lacy Park Rose Bed from Garden Club Account Name Account Number
595-10-4356-0000
595-11-4015-0001
595-30-4015-0001
595-34-4015-0001
595-30-4015-0002
595-34-4015-0002
Type of Appropriation Budget Amendment Amount
Workers' Comp Ins. Premiums
Workers' Comp Current Employee
Workers' Comp Current Employee
Workers' Comp Current Employee
Workers' Comp Past Employees
Workers' Comp Past Employees
Expenditure
Expenditure
Expenditure
Expenditure
Expenditure
Expenditure
8,122
3,500
338,191
179,134
295,196 added settlement approved per Lizette 2/10/25
206,659
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Attachment #2
Mid-Year Budget Adjustments
Special Revenue Funds
Account Name
Federal CDBG
Account Number
204-00-3201-0650
Account Number
204-48-4600-9272
204-64-4150-0000
Account Number
233-30-4150-0500
233-30-4613-0001
233-30-4613-0002
Account Number
591-34-4613-0563
Type of Appropriation Budget Amendment Amount
Revenue 1,135
Account Name Type of Appropriation Budget Amendment Amount Sidewalk Repair-Various Street
Other Contract Services
Account Name
Expenditure
Expenditure
(865)
2,000
Type of Appropriation Budget Amendment Amount
Other Contract Services-IT
Unmanned Aircraft System
Body Worn Camera Pilot Program
Account Name
Expenditure
Expenditure
Expenditure
4,700 Carryover of approved expenditure. Budget adjustment needed due to timing of payment 3,100 Carryover of approved expenditure. Budget adjustment needed due to timing of payment (61,948) Will use the BodyWorn Camera Grant for the first year Type of Appropriation Budget Amendment Amount
Self-Contained Breathing Appar Expenditure 1,200 Carryover of approved expenditure. Budget adjustment needed due to timing of payment OTS Grant 223-00-3201-5550
223-30-4004-0000
223-30-4006-0000
223-30-4376-0000
Revenue (13,260) To true up final OTS Grant Revenue as Grant is closed 8,300 To true up final OTS Grant Revenue as Grant is closed 125 To true up final OTS Grant Revenue as Grant is closed 950 To true up final OTS Grant Revenue as Grant is closed Overtime Expenditure
Expenditure
Expenditure
Medicare
Materials & Supplies
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Attachment #3
Revised Budget
FY 2024-25
Projected YE
FY 2024-25
Mid Year
Proposed
Adjustments
GENERAL FUND REVENUES
Property Tax $ 20,150,000 $ 20,150,000 $ Note 1 -
Public Safety Property Tax 3,746,394 3,746,394 -
Sales Tax 627,000 645,000 18,000 Note 2
Utility User & Franchise Taxes 2,912,900 3,239,900 327,000 Note 3 Charges for Services 2,263,632 2,288,632 25,000 Note 4
Licenses & Permits 1,363,000 1,705,000 342,000 Note 5
Other Revenues 4,590,387 4,614,587 24,200 Note 6
Total Revenues $ 35,653,313 $ 36,389,513 $ 736,200
GENERAL FUND EXPENDITURES
Personnel
Salaries - Miscellaneous $ 7,390,033 $ 7,390,033 $ -
Salaries - Safety 10,024,135 9,435,868 (588,267) Note 1 Overtime - Miscellaneous 25,845 25,845 -
Overtime - Safety 1,113,691 1,905,359 791,668 Note 1
Medical, Medicare, Allowances 2,645,990 2,612,391 (33,599) Note 1 Debt Service - Pension Bonds - - -
Pension Payments - Miscellaneous UAL 840,261 840,261
Pension Payments -Public Safety UAL 2,609,910 2,609,910 Retirees' Medical (OPEB) 200,000 200,000 -
Total Personnel $ 24,849,864 $ 25,019,667 $ 169,803
Non-Personnel
Workers' Compensation $ 697,375 $ 1,728,177 $ Note 2 1,030,802 General Liability & Insurance 984,970 984,970 -
Legal Services 655,000 733,000 78,000 Note 3
Office Supplies, Repair & Maint., Misc. 1,971,035 2,003,360 32,325 Note 4 Contract Services 4,441,886 4,446,886 5,000 Note 4
Utilities 812,969 1,010,789 197,820 Note 5
Capital Equipment 87,441 87,441 -
Other (Depreciation, Training, etc.) 879,625 879,625 -
OPEB Trust Contribution 100,000 100,000 -
Pension Trust Contribution - - -
Annual Reserve Contribution - - -
Windstorm Expenditures - 261,277 Note 6 261,277
Total Non-Personnel $ 10,630,301 $ 12,235,525 $ 1,605,224 Total Expenditures $ 37,255,191 35,480,165 $ 1,775,026 $ Annual Operating Surplus (Deficit) $ 173,148 $ (865,678) $ (1,038,826) FY 2024-25 Year-End Projections
PAGE 20 of 257
Attachment #4
Projected YE FY
2024-25
Assumed
Projected
Growth Rate
Projected FY
2025-26
Projected FY 2026-
27 Projected FY
2027-28
Projected FY
2028-29
Projected FY 2029-
30 GENERAL FUND REVENUES
Property Tax $ 20,150,000 4.0% $ 20,956,000 $ 21,794,240 $ 22,666,010 $ 23,572,650 $ 24,515,556 Public Safety Property Tax 3,746,394 5.0% 3,933,714 4,130,400 4,336,920 4,553,766 - Sales Tax 645,000 3.0% 664,350 684,281 704,809 725,953 747,732 Utility User & Franchise Taxes 3,239,900 3.5% 3,353,297 3,470,662 775,567 802,712 830,807 Charges for Services 2,288,632 3.5% 2,368,734 2,451,640 2,537,447 2,626,258 2,718,177 Licenses & Permits 1,705,000 2.0% 1,739,100 1,773,882 1,809,360 1,845,547 1,882,458 Other Revenues 4,614,587 1.0% 3,488,723 3,523,610 3,558,846 3,594,434 3,630,378 Total Revenues $ 36,389,513 $ 36,503,918 $ 37,828,715 $ 36,388,959 37,721,320 34,325,108
GENERAL FUND EXPENDITURES
Personnel
Salaries - Miscellaneous $ 7,390,033 4.0%
2.5% after
FY 26-27 7,685,634 7,993,059 8,192,885 8,397,707 8,607,650 Salaries - Safety 9,435,868 4.0%
2.5% after
FY 26-27 10,425,100 10,842,104 11,113,157 11,390,986 11,675,761 Overtime - Miscellaneous 25,845 4.0%
2.5% after
FY 26-27 26,879 27,954 28,653 29,369 30,103
Overtime - Safety 1,905,359 4.0%
2.5% after
FY 26-27 1,158,239 1,204,569 1,234,683 1,265,550 1,297,189 Medical, Medicare, Allowances 2,612,391 7.0% 2,795,258 2,990,926 3,200,291 3,424,311 3,664,013 Pension Payments - Miscellaneous UAL 840,261 1,020,930 1,103,000 1,171,000 1,317,000 1,345,000 Pension Payments -Public Safety UAL 2,609,910 3,047,357 3,247,000 3,422,000 3,772,000 3,852,000 Debt Service - Pension Bonds n/a - - - - - -
Retirees' Medical (OPEB) 200,000 2.0% 204,000 208,080 212,242 216,487 220,817 Total Personnel $ 25,019,667 $ 26,363,397 $ 27,616,692 $ 28,574,911 29,813,410 30,692,533 Non-Personnel
Workers' Compensation $ 1,728,177 3.0% $ 1,064,043 $ 1,095,964 $ 1,128,843 $ 1,162,708 $ 1,197,589 General Liability & Insurance 984,970 5.0% 1,034,219 1,085,930 1,140,227 1,197,238 1,257,100 Legal Services 733,000 3.0% 754,990 777,640 800,969 824,998 849,748 Office Supplies, Repair & Maint., Misc. 2,003,360 3.0% 2,063,461 2,125,365 2,189,126 2,254,800 2,322,444 Contract Services 4,446,886 3.5% 4,602,527 4,763,615 4,930,342 5,102,904 5,281,506 Utilities 1,010,789 3.0% 979,312 1,008,691 1,038,952 1,070,121 1,102,225 Capital Equipment 87,441 n/a - - - - -
Other (Depreciation, Training, etc.) 879,625 3.0% 906,014 933,194 961,190 990,026 1,019,727 OPEB Trust Contribution 100,000 n/a 100,000 - - - -
Pension Trust Contribution n/a - - - - - -
Annual Reserve Contribution - - - - - -
Windstorm Expenditures 261,277
Total Non-Personnel $ 12,235,525 $ 11,504,566 $ 11,790,399 $ 12,189,649 12,602,795 13,030,339 Total Expenditures $ 37,255,191 $ 37,867,963 $ 39,407,091 $ 40,764,560 42,416,205 43,722,872 Annual Operating Surplus (Deficit) $ (865,678) $ (1,364,045) $ (1,578,376) $ (4,375,601) $ (4,694,885) $ (9,397,764) Available Fund Balance for Capital Improvements
SUMMARY
Beginning Capital Reserve Balance 410,667 (4,319,333) (9,049,333) (13,779,333) (18,509,333) Annual Funding for Infrastructure (4,730,000) (4,730,000) (4,730,000) (4,730,000) (4,730,000) Ending Capital Reserve Balance/(Deficit) (4,319,333) (9,049,333) (13,779,333) (18,509,333) (23,239,333)
INFRASTRUCTURE FUNDING
Street & Pavement Mtce 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 Sewer & Storm Drain 600,000 600,000 600,000 600,000 600,000 Sidewalk Maintenance 250,000 250,000 250,000 250,000 250,000 Building Maintenance 380,000 380,000 380,000 380,000 380,000 Total Infrastructure 4,730,000 4,730,000 4,730,000 4,730,000 4,730,000
OPERATING RESERVE
Prior Year Ending Reserve Balance $ 17,706,613 $ 16,840,935 $ 15,476,890 $ 13,898,514 9,522,913 4,828,028 Annual Operating Surplus (Deficit) (865,678) (1,364,045) (1,578,376) (4,375,601) (4,694,885) (9,397,764) Current Year Contribution to Reserves
Current Year Ending Reserve Balance $ 16,840,935 $ 15,476,890 $ 13,898,514 $ 9,522,913 4,828,028 (4,569,736) Five-Year Financial Forecast
PAGE 21 of 257
Revised Budget FY
2024-25
Projected YE FY
2024-25
Assumed
Projected
Growth Rate
Projected FY
2025-26
Projected FY
2026-27
Projected FY
2027-28
Projected FY
2028-29
Projected FY
2029-30
Projected FY
2030-31
Projected FY
2031-32
Projected FY
2032-33
Projected FY
2033-34
Projected FY
2034-35
Projected FY
2035-36
Projected FY
2036-37
Projected FY
2037-38
GENERAL FUND REVENUES
Property Tax 20,150,000 20,150,000 4.0% 20,956,000 21,794,240 22,666,010 23,572,650 24,515,556 25,496,178 26,516,025 27,576,666 28,679,733 29,826,922 31,019,999 32,260,799 33,551,231 Public Safety Property Tax 3,746,394 3,746,394 5.0% 3,933,714 4,130,400 4,336,920 4,553,766 - - - - - - - - - Sales Tax 627,000 645,000 3.0% 664,350 684,281 704,809 725,953 747,732 770,164 793,269 817,067 841,579 866,826 892,831 919,616 947,204 Utility User & Franchise Taxes 2,912,900 3,239,900 3.5% 3,353,297 3,470,662 775,567 802,712 830,807 859,885 889,981 921,130 953,370 986,738 1,021,274 1,057,019 1,094,015 Charges for Services 2,263,632 2,288,632 3.5% 2,368,734 2,451,640 2,537,447 2,626,258 2,718,177 2,813,313 2,911,779 3,013,691 3,119,170 3,228,341 3,341,333 3,458,280 3,579,320 Licenses & Permits 1,363,000 1,705,000 2.0% 1,739,100 1,773,882 1,809,360 1,845,547 1,882,458 1,920,107 1,958,509 1,997,679 2,037,633 2,078,386 2,119,954 2,162,353 2,205,600 Other Revenues/ARPA 4,590,387 4,614,587 1.0% 3,488,723 3,523,610 3,558,846 3,594,434 3,630,378 3,666,682 3,703,349 3,740,382 3,777,786 3,815,564 3,853,720 3,892,257 3,931,180 Total Revenues 35,653,313 36,389,513 36,503,918 37,828,715 36,388,959 37,721,320 34,325,108 35,526,329 36,772,912 38,066,615 39,409,271 40,802,777 42,249,111 43,750,324 45,308,550
GENERAL FUND EXPENDITURES
Personnel 8,192,885
Salaries - Miscellaneous 7,390,033 7,390,033 4.0% 2.5% 7,685,634 7,993,059 8,192,885 8,397,707 8,607,650 8,822,841 9,043,412 9,269,497 9,501,234 9,738,765 9,982,234 10,231,790 10,487,585 Salaries - Safety 10,024,135 9,435,868 4.0% 2.5% 10,425,100 10,842,104 11,113,157 11,390,986 11,675,761 11,967,655 12,266,846 12,573,517 12,887,855 13,210,051 13,540,302 13,878,810 14,225,780 Overtime - Miscellaneous 25,845 25,845 4.0% 2.5% 26,879 27,954 28,653 29,369 30,103 30,856 31,627 32,418 33,228 34,059 34,910 35,783 36,678 Overtime - Safety 1,113,691 1,905,359 4.0% 2.5% 1,158,239 1,204,569 1,234,683 1,265,550 1,297,189 1,329,619 1,362,859 1,396,930 1,431,853 1,467,649 1,504,340 1,541,949 1,580,498 Medical, Medicare, Allowances 2,645,990 2,612,391 7.0% 2,795,258 2,990,926 3,200,291 3,424,311 3,664,013 3,920,494 4,194,929 4,488,574 4,802,774 5,138,968 5,498,696 5,883,605 6,295,457 Pension Payments - Miscellaneous 840,261 840,261 n/a 1,020,930 1,103,000 1,171,000 1,317,000 1,345,000 1,369,000 1,964,000 2,061,000 2,126,000 2,166,000 2,206,000 2,243,000 2,227,000 Pension Payments - Public Safety 2,609,910 2,609,910 n/a 3,047,357 3,247,000 3,422,000 3,772,000 3,852,000 3,929,000 5,147,000 5,400,000 5,498,000 5,588,000 5,646,000 5,702,000 5,634,000 Debt Service - Pension Bonds n/a - - - - - - - - - - - - - Retirees' Medical (OPEB) 200,000 200,000 2.0% 204,000 208,080 212,242 216,487 220,817 225,233 229,738 234,333 239,020 243,800 248,676 253,650 258,723 Total Personnel 24,849,864 25,019,667 26,363,397 27,616,692 28,574,911 29,813,410 30,692,533 31,594,698 34,240,411 35,456,269 36,519,964 37,587,292 38,661,158 39,770,587 40,745,721 Non-Personnel
Workers' Compensation 697,375 1,728,177 3.0% 1,064,043 1,095,964 1,128,843 1,162,708 1,197,589 1,233,517 1,270,523 1,308,639 1,347,898 1,388,335 1,429,985 1,472,885 1,517,072 General Liability & Insurance 984,970 984,970 5.0% 1,034,219 1,085,930 1,140,227 1,197,238 1,257,100 1,319,955 1,385,953 1,455,251 1,528,014 1,604,415 1,684,636 1,768,868 1,857,311 Legal Services 655,000 733,000 3.0% 754,990 777,640 800,969 824,998 849,748 875,240 901,497 928,542 956,398 985,090 1,014,643 1,045,082 1,076,434 Office Supplies, Repair & Maint., Misc. 1,971,035 2,003,360 3.0% 2,063,461 2,125,365 2,189,126 2,254,800 2,322,444 2,392,117 2,463,881 2,537,797 2,613,931 2,692,349 2,773,119 2,856,313 2,942,002 Contract Services 4,441,886 4,446,886 3.5% 4,602,527 4,763,615 4,930,342 5,102,904 5,281,506 5,466,359 5,657,682 5,855,701 6,060,651 6,272,774 6,492,321 6,719,552 6,954,736 Utilities 812,969 1,010,789 3.0% 979,312 1,008,691 1,038,952 1,070,121 1,102,225 1,135,292 1,169,351 1,204,432 1,240,565 1,277,782 1,316,115 1,355,598 1,396,266 Capital Equipment 87,441 87,441 n/a - - - - - 400,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 Other (Depreciation, Training, etc.) 879,625 879,625 3.0% 906,014 933,194 961,190 990,026 1,019,727 1,050,319 1,081,829 1,114,284 1,147,713 1,182,144 1,217,608 1,254,136 1,291,760 OPEB Trust Contribution 100,000 100,000 n/a 100,000 - - - - - - - - - - - - Pension Trust Contribution - - n/a - - - - - - - - - - - - - Windstorm Expenditures - 261,277
Annual Reserve Contribution - - - - - - - 444,079 459,661 475,833 492,616 510,035 528,114 546,879 566,357 Total Non-Personnel 10,630,301 12,235,525 11,504,566 11,790,399 12,189,649 12,602,795 13,030,339 14,316,878 14,790,377 15,280,479 15,787,786 16,312,924 16,856,541 17,419,313 18,001,938 Total Expenditures 35,480,165 37,255,191 37,867,963 39,407,091 40,764,560 42,416,205 43,722,872 45,911,576 49,030,788 50,736,748 52,307,750 53,900,216 55,517,699 57,189,900 58,747,659 Annual Operating Surplus (Deficit) 173,148 (865,678) (1,364,045) (1,578,376) (4,375,601) (4,694,885) (9,397,764) (10,385,247) (12,257,876) (12,670,133) (12,898,479) (13,097,439) (13,268,588) (13,439,576) (13,439,109) Available Fund Balance for Capital Improvements
SUMMARY
Beginning Capital Reserve Balance 14,254,998 14,254,998 410,667 (4,319,333) (9,049,333) (13,779,333) (18,509,333) (23,239,333) (27,969,333) (32,699,333) (37,429,333) (42,159,333) (46,889,333) (51,619,333) (53,485,630) Annual Funding for Infrastructure (13,844,331) (13,844,331) (4,730,000) (4,730,000) (4,730,000) (4,730,000) (4,730,000) (4,730,000) (4,730,000) (4,730,000) (4,730,000) (4,730,000) (4,730,000) (1,866,297) (1,866,297) Ending Capital Reserve Balance/(Deficit) 410,667 410,667 (4,319,333) (9,049,333) (13,779,333) (18,509,333) (23,239,333) (27,969,333) (32,699,333) (37,429,333) (42,159,333) (46,889,333) (51,619,333) (53,485,630) (55,351,927)
INFRASTRUCTURE FUNDING
Street & Pavement Mtce 8,044,712 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 636,297 636,297 Sewer & Storm Drain 3,357,773 600,000 600,000 600,000 600,000 600,000 600,000 600,000 600,000 600,000 600,000 600,000 600,000 600,000 Sidewalk Maintenance 477,752 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 Building Maintenance 1,964,094 380,000 380,000 380,000 380,000 380,000 380,000 380,000 380,000 380,000 380,000 380,000 380,000 380,000 Total Infrastructure 13,844,331 4,730,000 4,730,000 4,730,000 4,730,000 4,730,000 4,730,000 4,730,000 4,730,000 4,730,000 4,730,000 4,730,000 1,866,297 1,866,297
OPERATING RESERVE
Prior Year Ending Reserve Balance 17,706,613 17,706,613 16,840,935 15,476,890 13,898,514 9,522,913 4,828,028 (4,569,736) (14,066,825) (25,405,379) (37,123,846) (49,037,093) (61,114,462) (73,326,822) (85,672,640) Annual Operating Surplus (Deficit) - (865,678) (1,364,045) (1,578,376) (4,375,601) (4,694,885) (9,397,764) (9,941,168) (11,798,215) (12,194,300) (12,405,863) (12,587,404) (12,740,474) (12,892,697) (12,872,752) Current Year Contribution to Reserves 444,079 459,661 475,833 492,616 510,035 528,114 546,879 566,357 Current Year Ending Reserve Balance 17,706,613 16,840,935 15,476,890 13,898,514 9,522,913 4,828,028 (4,569,736) (14,066,825) (25,405,379) (37,123,846) (49,037,093) (61,114,462) (73,326,822) (85,672,640) (97,979,035) General Fund Reserves as a % of General Fund Revenues 42% 37% 26% 13% -13% Long-Term Financial Projections
Attachment #5
PAGE 22 of 257
ATTACHMENT V
Projected FY
2038-39
Projected FY
2039-40
Projected FY
2040-41
Projected FY
2041-42
Projected FY
2042-43
Projected FY
2043-44
Projected FY
2044-45
Projected FY 2045-
46 Projected FY 2046-
47 Projected FY 2047-
48 Projected FY
2048-49
Projected FY
2049-50
Projected FY
2050-51
Projected FY
2051-52
Projected FY
2052-53
Projected FY
2053-54
GENERAL FUND REVENUES
Property Tax 34,893,280 36,289,011 37,740,571 39,250,194 40,820,202 42,453,010 44,151,130 45,917,175 47,753,862 49,664,016 51,650,577 53,716,600 55,865,264 58,099,875 60,423,870 62,840,825 Public Safety Property Tax - - - - - - - - - - - - - - - - Sales Tax 975,620 1,004,889 1,035,036 1,066,087 1,098,070 1,131,012 1,164,942 1,199,890 1,235,887 1,272,964 1,311,153 1,350,488 1,391,003 1,432,733 1,475,715 1,519,986 Utility User Tax 1,132,306 1,171,937 1,212,955 1,255,408 1,299,347 1,344,824 1,391,893 1,440,609 1,491,030 1,543,216 1,597,229 1,653,132 1,710,992 1,770,877 1,832,858 1,897,008 Charges for Services 3,704,596 3,834,257 3,968,456 4,107,352 4,251,109 4,399,898 4,553,894 4,713,280 4,878,245 5,048,984 5,225,698 5,408,597 5,597,898 5,793,824 5,996,608 6,206,489 Licenses & Permits 2,249,712 2,294,706 2,340,600 2,387,412 2,435,160 2,483,863 2,533,540 2,584,211 2,635,895 2,688,613 2,742,385 2,797,233 2,853,178 2,910,242 2,968,447 3,027,816 Other Revenues 3,970,492 4,010,197 4,050,299 4,090,802 4,131,710 4,173,027 4,214,757 4,256,905 4,299,474 4,342,469 4,385,894 4,429,753 4,474,051 4,518,792 4,563,980 4,609,620 Total Revenues 46,926,006 48,604,997 50,347,917 52,157,255 54,035,598 55,985,634 58,010,156 60,112,070 62,294,393 64,560,262 66,912,936 69,355,803 71,892,386 74,526,343 77,261,478 80,101,744
GENERAL FUND EXPENDITURES
Personnel
Salaries - Miscellaneous 10,749,775 11,018,519 11,293,982 11,576,332 11,865,740 12,162,384 12,466,444 12,778,105 13,097,558 13,424,997 13,760,622 14,104,638 14,457,254 14,818,685 15,189,152 15,568,881 Salaries - Safety 14,581,425 14,945,961 15,319,610 15,702,600 16,095,165 16,497,544 16,909,983 17,332,733 17,766,051 18,210,202 18,665,457 19,132,093 19,610,395 20,100,655 20,603,171 21,118,250 Overtime - Miscellaneous 37,595 38,535 39,498 40,485 41,497 42,534 43,597 44,687 45,804 46,949 48,123 49,326 50,559 51,823 53,119 54,447 Overtime - Safety 1,620,010 1,660,510 1,702,023 1,744,574 1,788,188 1,832,893 1,878,715 1,925,683 1,973,825 2,023,171 2,073,750 2,125,594 2,178,734 2,233,202 2,289,032 2,346,258 Medical, Medicare, Allowances 6,736,139 7,207,669 7,712,206 8,252,060 8,829,704 9,447,783 10,109,128 10,816,767 11,573,941 12,384,117 13,251,005 14,178,575 15,171,075 16,233,050 17,369,364 18,585,219 Pension Payments - Miscellaneous 1,983,000 1,996,000 1,974,000 1,961,000 1,907,000 1,933,000 1,888,000 1,737,000 1,681,000 1,700,000 1,583,000 1,473,000 1,363,000 1,253,000 1,253,000 1,253,000 Pension Payments - Public Safety 4,737,000 4,692,000 4,644,000 4,677,000 4,489,000 4,408,000 4,260,000 3,985,000 3,831,000 3,843,000 3,623,000 3,513,000 3,403,000 3,293,000 3,293,000 3,293,000 Debt Service - Pension Bonds - - - - - - - - - - - - - - - - Retirees' Medical (OPEB) 263,897 269,175 274,559 280,050 285,651 291,364 297,191 303,135 309,198 315,382 321,690 328,124 334,686 341,380 348,208 355,172 Total Personnel 41,828,369 40,708,841 42,959,878 44,234,101 45,301,945 46,615,502 47,853,058 48,923,110 50,278,377 51,947,818 53,326,647 54,904,350 56,568,703 58,324,795 60,398,046 62,574,227 Non-Personnel
Workers' Compensation 1,562,584 1,609,462 1,657,746 1,707,478 1,758,702 1,811,463 1,865,807 1,921,781 1,979,434 2,038,817 2,099,982 2,162,981 2,227,870 2,294,706 2,363,547 2,434,453 General Liability & Insurance 1,950,177 2,047,686 2,150,070 2,257,574 2,370,453 2,488,976 2,613,425 2,744,096 2,881,301 3,025,366 3,176,634 3,335,466 3,502,239 3,677,351 3,861,219 4,054,280 Legal Services 1,108,727 1,141,989 1,176,249 1,211,536 1,247,882 1,285,318 1,323,878 1,363,594 1,404,502 1,446,637 1,490,036 1,534,737 1,580,779 1,628,202 1,677,048 1,727,359 Supplies, R&M, Misc. Other 3,030,262 3,121,170 3,214,805 3,311,249 3,410,586 3,512,904 3,618,291 3,726,840 3,838,645 3,953,804 4,072,418 4,194,591 4,320,429 4,450,042 4,583,543 4,721,049 Contract Services 7,198,152 7,450,087 7,710,840 7,980,719 8,260,044 8,549,146 8,848,366 9,158,059 9,478,591 9,810,342 10,153,704 10,509,084 10,876,902 11,257,594 11,651,610 12,059,416 Utilities 1,438,154 1,481,299 1,525,738 1,571,510 1,618,655 1,667,215 1,717,231 1,768,748 1,821,810 1,876,464 1,932,758 1,990,741 2,050,463 2,111,977 2,175,336 2,240,596 Capital Equipment 400,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 Other 1,330,513 1,370,428 1,411,541 1,453,887 1,497,504 1,542,429 1,588,702 1,636,363 1,685,454 1,736,018 1,788,099 1,841,742 1,896,994 1,953,904 2,012,521 2,072,897 OPEB Trust Contribution - - - - - - - - - - - - - - - - Pension Trust Contribution - - - - - - - - - - - - - - - - Annual Reserve Contribution 586,575 607,562 629,349 651,966 675,445 699,820 725,127 751,401 778,680 807,003 836,412 866,948 898,655 931,579 965,768 1,001,272 Total Non-Personnel 18,605,144 19,229,683 19,876,338 20,545,919 21,239,271 21,957,271 22,700,827 23,470,882 24,268,417 25,094,451 25,950,043 26,836,290 27,754,331 28,705,355 29,690,592 30,711,322 Total Expenditures 59,313,985 61,058,052 62,836,216 64,780,020 66,541,216 68,572,773 70,553,885 72,393,992 74,546,794 77,042,269 79,276,690 81,740,640 84,323,034 87,030,150 90,088,638 93,285,549 Annual Operating Surplus (Deficit) (12,387,979) (12,453,055) (12,488,299) (12,622,765) (12,505,618) (12,587,139) (12,543,729) (12,281,922) (12,252,401) (12,482,007) (12,363,754) (12,384,837) (12,430,648) (12,503,807) (12,827,160) (13,183,805) Available Fund Balance for Capital Improvements
SUMMARY
Beginning Capital Reserve Balance (55,351,927) (57,218,225) (59,084,522) (60,950,819) (62,817,116) (64,683,413) (66,549,711) (68,416,008) (70,282,305) (72,148,602) (74,014,899) (75,881,197) (77,747,494) (79,613,791) (81,480,088) (83,346,385) Annual Funding for Infrastructure (1,866,297) (1,866,297) (1,866,297) (1,866,297) (1,866,297) (1,866,297) (1,866,297) (1,866,297) (1,866,297) (1,866,297) (1,866,297) (1,866,297) (1,866,297) (1,866,297) (1,866,297) (1,866,297) Ending Capital Reserve Balance/(Deficit) (57,218,225) (59,084,522) (60,950,819) (62,817,116) (64,683,413) (66,549,711) (68,416,008) (70,282,305) (72,148,602) (74,014,899) (75,881,197) (77,747,494) (79,613,791) (81,480,088) (83,346,385) (85,212,683)
INFRASTRUCTURE FUNDING
Street & Pavement Mtce 636,297 636,297 636,297 636,297 636,297 636,297 636,297 636,297 636,297 636,297 636,297 636,297 636,297 636,297 636,297 636,297 Sewer & Storm Drain 600,000 600,000 600,000 600,000 600,000 600,000 600,000 600,000 600,000 600,000 600,000 600,000 600,000 600,000 600,000 600,000 Sidewalk Maintenance 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 Building Maintenance 380,000 380,000 380,000 380,000 380,000 380,000 380,000 380,000 380,000 380,000 380,000 380,000 380,000 380,000 380,000 380,000 Total Infrastructure 1,866,297 1,866,297 1,866,297 1,866,297 1,866,297 1,866,297 1,866,297 1,866,297 1,866,297 1,866,297 1,866,297 1,866,297 1,866,297 1,866,297 1,866,297 1,866,297
OPERATING RESERVE
Prior Year Ending Reserve Balance (109,193,864) (97,979,035) (120,431,795) (131,661,396) (142,980,229) (154,134,957) (165,322,456) (176,415,931) (187,195,051) (197,890,092) (208,758,093) (219,449,023) (230,099,964) (240,733,302) (251,373,951) (262,269,575) Annual Operating Surplus (Deficit) (11,845,493) (11,801,404) (11,858,950) (11,970,799) (11,830,173) (11,887,319) (11,818,602) (11,530,521) (11,473,721) (11,675,004) (11,527,342) (11,517,889) (11,531,993) (11,572,228) (11,861,392) (12,182,533) Current Year Contribution to Reserves 607,562 586,575 629,349 651,966 675,445 699,820 725,127 751,401 778,680 807,003 836,412 866,948 898,655 931,579 965,768 1,001,272 Current Year Ending Reserve Balance (109,193,864) (120,431,795) (131,661,396) (142,980,229) (154,134,957) (165,322,456) (176,415,931) (187,195,051) (197,890,092) (208,758,093) (219,449,023) (230,099,964) (240,733,302) (251,373,951) (262,269,575) (273,450,836) Long-Term Financial Projections
PAGE 23 of 257
FY 23‐24
Budget @ 12.31.24 % @ 12.31.23 $%
GOVERNMENTAL FUNDS (UNRESTRICTED)
General Fund (101)
Taxes
Property Taxes 20,150,000 8,514,609 42% 8,154,932 359,677 4.4% Sales Taxes 627,000 148,564 24% 181,566 (33,002) ‐18% Franchise Taxes 724,000 175,459 24% 163,313 12,145 7% Property Transfer Taxes 211,000 130,475 62% 113,033 17,442 15% Utility Users Taxes 2,188,900 1,083,062 49% 902,097 180,965 20% Business License Taxes 446,000 212,078 48% 193,615 18,463 10% Subtotal Taxes 24,346,900 10,264,248 42% 9,708,557 555,691 5.7% Licenses & Permits
Street & Curb Permits 125,000 55,615 44% 76,309 (20,694) ‐27% Building Permits 723,000 671,798 93% 389,689 282,109 72% Tree Permits 44,000 21,295 48% 23,785 (2,490) ‐10% Bicycle Licenses ‐ 100% ‐ 00%
Film Permits 25,000 25,961 104% 7,954 18,007 226% Subtotal Licenses & Permits 917,000 774,669 84% 497,737 276,932 56% Charges for Service
Administration 375 659 176% 382 277 72%
Planning & Building Department 489,000 333,976 68% 244,466 89,510 37% Public Works, Streets, Parks Department 132,000 55,488 42% 55,320 168 0% Recreation Department 719,707 192,130 27% 179,131 12,999 7% Library Department 176,250 79,763 45% 90,081 (10,319) ‐11% Subtotal Charges for Service 1,517,332 662,015 44% 569,380 92,635 16% Intergovernmental
VLF 14,500 ‐ 0% ‐ ‐ 0%
VLF Swap (Motor Vehicle In‐Lieu) 2,100,456 ‐ 0% ‐ ‐ 0%
COVID‐19 Reimbursements ‐ ‐ 100% ‐ ‐ 100%
Cenic Rebates 10,560 ‐ 0% ‐ ‐ 0%
Subtotal Intergovernmental 2,125,516 ‐ 0% ‐ ‐ 0%
Fines & Forfeitures
Fines & Fees 500 250 50% 75 175 233%
Tree Fines 4,500 830 18% ‐ 830 0%
Business License NOVs & Admin Citation Fees 11,200 210 2% 300 (90) ‐30% Subtotal Fines & Forfeitures 16,200 1,290 8% 375 915 244% Money & Property
Rentals ‐ PW ‐ 4,525 100% ‐ 4,525 0%
Rents & Concessions ‐ Park 187,800 106,024 56% 103,220 2,804 3% Rents & Concessions ‐ Recreation 0 ‐ 100% ‐ ‐ 0%
Rents & Concessions ‐ SMCC 75,140 29,095 39% 7,141 21,954 307% Library Rentals 2,500 920 37% 674 246 ‐801%
Unrealized Gain (Loss) on Investments ‐ 75,405 100% 80,807 (5,402) 0% Interest Income 430,000 228,254 53% 239,157 (10,903) ‐5% Subtotal Money & Property 695,440 444,222 64% 430,999 13,224 3% Miscellaneous
Miscellaneous 760,000 754,719 99% 4,841 749,878 15491% Damage to City Property 5,000 ‐ 0% 31,233 (31,233) ‐100% Sale of Property 5,000 ‐ 0% 4,046 (4,046) ‐100% City Reimbursements 500 ‐ 0% 8,415 (8,415) ‐100% Old Mill Reimbursements ‐ ‐ 100% ‐ 00%
Miscellaneous ‐ Library ‐ ‐ 100% 57 (57) ‐100%
Subtotal Miscellaneous 770,500 754,719 98% 48,591 706,127 1453% 30,388,888 12,901,163 42% 11,255,639 1,645,523 15% Public Safety Fund (103)
Taxes
Property Taxes 3,528,294 1,431,011 41% 1,420,959 10,052 1% Augmentation Fund 218,100 65,060 30% 66,715 (1,655) ‐2% Subtotal Taxes 3,746,394 1,496,071 40% 1,487,674 8,397 1% Charges for Service
Shared Fire Command ‐ 8,482 100% ‐ 8,482 0%
Paramedic Services 673,000 323,217 48% 391,870 (68,652) ‐18% All Other Charges 73,300 49,907 68% 34,383 15,524 45%
Subtotal Charges for Service 746,300 381,605 51% 426,252 (44,647) ‐10% Intergovernmental
POST and GEMT Reimbursements 9,000 7,128 79% 21,193 (14,065) ‐66% General Fund Total
Fiscal Year 2024‐25
Revenue Summary Report
For Quarter Ended December 31, 2024 ‐‐ 50% of Fiscal Year Complete Fiscal Year 2024‐25 Current Year v. Prior Year
Attachment #6
PAGE 24 of 257
FY 23‐24
Budget @ 12.31.24 % @ 12.31.23 $%
Fiscal Year 2024‐25
Revenue Summary Report
For Quarter Ended December 31, 2024 ‐‐ 50% of Fiscal Year Complete Fiscal Year 2024‐25 Current Year v. Prior Year
Subtotal Intergovernmental 9,000 7,128 79% 21,193 (14,065) ‐66% Fines & Fees
Parking Citations 23,400 7,072 30% 7,217 (145) ‐2% Vehicle Code Fines 65,000 37,123 57% 38,307 (1,184) ‐3% Subtotal Fines & Fees 88,400 44,195 50% 45,524 (1,329) ‐3% Miscellaneous
Strike Team Reimbursements 75,000 ‐ 0% ‐ 0 0% All Other Misc 4,900 3,580 73% 4,484 (905) ‐20% Subtotal Miscellaneous 79,900 3,580 4% 4,484 (905) ‐20% 4,669,994 1,932,580 41% 1,985,128 (52,548) ‐3% Fourth of July Fund (104) 75,425 53,223 71% 47,545 5,678 12% San Marino Center Fund (105) 0 ‐ 100% ‐ 0 0% American Rescue Fund (245) 401,406 ‐ 0% ‐ 0 0% Donations Fund (281) 117,600 127,722 109% 30,645 97,077 317% GENERAL FUNDS GROUP TOTAL 35,653,313 15,014,687 42% 13,318,957 1,695,730 13%
SPECIAL REVENUE FUNDS (RESTRICTED)
Gas Tax Fund (202)
Interest Income 5,700 17,034 299% 272 16,762.01 6152% Section 2105 77,920 34,011 44% 32,345 1,666.07 5% Section 2106 48,657 21,639 44% 20,728 910.49 4% Section 2107 106,488 48,298 45% 44,922 3,375.85 8% Section 2107.5 3,000 ‐ 0% 3,000 (3,000) ‐100% Section 2032 321,210 114,385 36% 104,234 10,151 10% Traffic Congestion Relief ‐ Prop 42 ‐ ‐ 100% ‐ ‐ 0% Section 2103 111,453 58,544 53% 54,942 3,602 7% 674,428 293,911 44% 260,443 33,468 13% Community Development Block Grant Fund (204) 360,406 2,870 1% 1 2,869 292728% County Park Prop A Fund (206) 0 ‐ 0% 0 0 0% Prop A Transit Fund (207) 427,314 195,115 46% 193,897 1,218 1% Drought Fund (209) 1,000 884 88% 685 198 29% Air Quality Management District Fund (212) 19,000 4,416 23% 5,749 (1,333) ‐23% STPL Fund (213) 210 95 45% 74 21 29% Transportation Development Act (TDA) Fund (214) 19,340 27 0% 288 (262) ‐91% Prop C Transit Fund (215) 326,770 157,792 48% 150,811 6,980 5% Public Education and Government (PEG) Fund (216) 51,000 23,522 46% 14,454 9,068 63% Asset Forfeiture (Police) (217) 3,200 1,450 45% 1,124 326 29% Total Public Safety Fund
Total Gas Tax Fund
PAGE 25 of 257
FY 23‐24
Budget @ 12.31.24 % @ 12.31.23 $%
Fiscal Year 2024‐25
Revenue Summary Report
For Quarter Ended December 31, 2024 ‐‐ 50% of Fiscal Year Complete Fiscal Year 2024‐25 Current Year v. Prior Year
Granada Ave. Assessment Dist. #2 Fund (220) ‐ ‐ 100% ‐ 0 0% Used Oil Grant Fund (221) 1,200 406 34% 424 (18) ‐4% OTS Grant Fund (223) 20,760 ‐ (893) 4% ‐ (893) 0% California Recycling Grant Fund (226) 103,000 5,507 5% 4,270 1,237 29% Bodywarn Camera Fund (228) 61,948 ‐ 0% ‐ 0 0% Citizens' Option for Public Safety (COPS) Fund (233) 236,000 190,268 81% 179,684 10,585 6% Homeland Security Grant (240) ‐ 0 100% 0 0 0% Measure R Transit Fund (243) 521,077 90,412 17% 104,629 (14,216) ‐14% Measure W Clean Water Fund (246) 292,000 258,290 88% 15,711 242,579 1544% Measure M Transit Fund (247) 296,054 159,431 54% 133,778 25,652 19% SPECIAL REVENUE RESTRICTED FUNDS TOTALS 3,414,707 1,383,501 41% 1,066,023 317,479 30%
PROPRIETARY FUNDS (INTERNAL SERVICES)
Capitalized Equipment Fund (591) 728,456 393,187 54% 317,798 75,389 24% INTERNAL SERVICE FUNDS TOTALS 728,456 393,187 54% 317,798 75,389 24%
CAPITAL PROJECTS FUND
Interest Income ‐ ‐ 100% ‐ 0 0% Reimbursement ‐ ‐ 100% ‐ ‐ 0% Huntington Library Donation 25,000 ‐ 0% ‐ 0 0% ‐ 25,000 0% 0 0 0%
FIDUCIARY FUNDS
Agency Fund (609) 0 8,287 0% 5,604 2,683 48% FIDUCIARY FUNDS TOTALS 0 8,287 0% 5,604 2,683 48% ALL REVENUE GROUPS & FUNDS TOTAL 39,821,476 16,799,663 42% 14,708,382 2,091,281 14% PAGE 26 of 257
FY 23‐24
Budget @ 12.31.24 % @ 12.31.23 $%
GOVERNMENTAL FUNDS (UNRESTRICTED)
General Fund (101)
City Council 29,475 17,465 59% 14,850 2,615 18%
City Attorney 405,000 136,927 34% 66,880 70,047 105%
Non‐Departmental 2,567,262 1,739,928 68% 803,240 936,689 117% City Manager's Office 970,213 374,156 39% 390,380 (16,224) ‐4% Human Resources 792,289 374,972 47% 238,851 136,120 57% Finance Department 872,385 378,058 43% 424,314 (46,256) ‐11% Administration 5,636,624 3,021,505 54% 1,938,515 1,010,329 52% Community Development Department 2,605,974 1,041,763 40% 991,900 49,863 5% Emergency Services 61,150 20,569 34% 21,208 (639) ‐3%
Public Works, Streets, Parks Department
Administration 667,508 339,109 51% 232,916 106,193 46%
Fleet 268,482 129,094 48% 162,825 (33,731) ‐21%
Sewers 302,710 122,889 41% 133,729 (10,840) ‐8%
Streets 1,103,790 441,242 40% 475,363 (34,122) ‐7%
Parks 546,734 285,557 52% 274,108 11,449 4%
Public Grounds 1,138,727 704,320 62% 555,618 148,701 27% Buildings 278,530 104,300 37% 113,236 (8,936) ‐8%
Subtotal Parks & PW 4,306,481 2,126,509 49% 1,947,795 178,714 9% Recreation Department
CSD ‐ Admin 809,688 365,648 45% 315,221 50,427 16%
Rec‐ Administration 495,290 229,070 46% 242,657 (13,587) ‐6% Aquatics 149,538 55,570 37% 48,408 7,162 15%
Youth 342,218 136,123 40% 131,343 4,781 4%
Adult 24,230 11,127 46% 19,192 (8,065) ‐42%
Community Events & Enrichment 173,568 76,354 44% 105,044 (28,690) ‐27% Contract Classes 150,613 71,093 47% 86,984 (15,891) ‐18% Facilities & Rentals 170,168 79,740 47% 44,913 34,827 78% San Marino Center/Thurnher House 0 0 0% 0 ‐ 0%
Subtotal Recreation 2,315,313 1,024,725 44% 993,762 30,963 3% Library Department
Administration 501,273 255,200 51% 301,439 (46,239) ‐15% Adult Services 310,593 110,155 35% 156,159 (46,004) ‐29% Children's Services 289,496 122,708 42% 110,605 12,103 11% Processing 28,377 10,192 36% 10,885 (693) ‐6%
Circulation 472,039 195,710 41% 182,841 12,868 7%
Subtotal Library 1,601,778 693,965 43% 761,930 (67,964) ‐9% El Molino Viejo 60,000 60,000 100% ‐ 60,000.00 0% Total General Fund 16,587,320 7,989,036 48% 6,655,108.31 1,333,927 20% Public Safety Fund (103)
Police Department 9,652,432 4,909,125 51% 4,501,832 407,293 9% Fire Department 7,275,120 4,142,032 57% 3,820,878 321,154 8% Public Safety Fund 16,927,552 9,051,157 53% 8,322,710 728,447 9% Fourth of July Event Fund (104)
4th of July 122,594 71,151 58% 64,839 6,312 10%
4th of July Event Fund 122,594 71,151 58% 64,839 6,312 10% San Marino Center Fund (105)
San Marino Center ‐ ‐ 0% ‐ ‐ 0%
SM Center Fund ‐ ‐ 0% ‐ ‐ 0%
Donations to City Fund (281)
Police 10,500 5,000 48% 0 5,000 0%
Fire ‐ ‐ 0% ‐ ‐ 0%
Lacy Park 87,441 425 0% 6,599 (6,174) ‐94%
Recreation 2,300 903 39% 0 903 0%
Preschool ‐ ‐ 0% ‐ ‐ 0%
Fiscal Year 2024‐25
Expenditure Summary Report
For Quarter Ended December 31, 2024 ‐‐ 50% of Fiscal Year Complete Fiscal Year 2024‐25 Current Year v. Prior Year
Attachment #7
PAGE 27 of 257
FY 23‐24
Budget @ 12.31.24 % @ 12.31.23 $%
Fiscal Year 2024‐25
Expenditure Summary Report
For Quarter Ended December 31, 2024 ‐‐ 50% of Fiscal Year Complete Fiscal Year 2024‐25 Current Year v. Prior Year
Thurnher House ‐ ‐ 0% ‐ ‐ 0% Library Administration 2,000 48 2% ‐ 48 0% Library Adult Services 16,500 3,039 18% 3,012 27 1% Library Children's Services 26,500 12,127 46% 6,176 5,950 96% Donations to City Fund 145,241 21,541 15% 15,787 5,755 36% American Rescue Plan Fund (245)
HVAC System & ARPA Bonus Pay ‐ ‐ 0% 6,236 (6,236) ‐100% American Rescue Plan Fund ‐ ‐ 0% 6,236 (6,236) ‐100% Workers' Compensation Fund (595)
Administration ‐ 2,427 0% ‐ 2,427 0% Human Resources 283,795 263,381 93% 228,072 35,309 15% Community Development 6,660 ‐ 0% 2,908 ‐ (2,908) 100% Police 146,520.00 257,220 176% 191,652 65,568 34% Fire 244,200 423,106 173% 137,876 285,230 207% PW Administration 26,640 297 1% 252 44 18% Recreation Administration 6,660 1,775 27% 41 1,734 4245% Library Administration 6,660 ‐ 0% ‐ ‐ 0% Workers' Comp Fund 721,135 948,207 131% 560,802 387,405 69% General Liability Fund (596)
CJPIA Insurance Premiums 976,323 975,575 100% 766,554 209,021 27% General Liability Fund 976,323 975,575 100% 766,554 209,021 27% GENERAL FUND GROUP TOTAL 35,480,165 19,056,667 54% 16,392,035 2,664,632 16%
SPECIAL REVENUE FUNDS (RESTRICTED)
Gas Tax Fund (202)
Street Rehabilitation 1,231,053 0 0% 43,947 (43,947) ‐100% Gas Tax Fund 1,231,053 0 0% 43,947 (43,947) ‐100%
Community Development Block Grant Fund (204) 360,406 6,749 2% 1,199 5,550 463% Prop A Transportation Fund (207)
Administration/Finance 1,160,500 1,000,000 86% 0 1,000,000 0% Streets 188,565 2,840 2% ‐ 2,840 0% Walking School Bus 70,000 50,000 71% ‐ 50,000 0% Youth 42,500 23,853 56% 15,275 8,578 56%
Adult 10,130 5,455 54% 1,225 4,230 345%
Prop A Transportation Fund 1,471,695 1,082,148 74% 16,500 1,065,648 6458% 1,065,648
Air Quality Fund (212)
Vehicle Replace‐Comm Development & PD 43,000 43,000 100% 58,782 (15,782) ‐27% Air Quality Fund 43,000 43,000 100% 58,782 (15,782) ‐27% (15,782)
Transportation Development Act (TDA) Fund (214)
City Wide Sidewalk 19,000 19,000.00 100% 19,000 0 0% TDA Fund 19,000 19,000.00 100% 19,000 0 0% Prop C Transit Fund (215)
Streets 650,000 ‐ 0% ‐ ‐ 0% Prop C Fund 650,000 ‐ 0% ‐ ‐ 0% Used Oil Grant (221)
Planning & Building ‐ 10,757 0% ‐ 10,757 0% Used Oil Fund ‐ 10,757 0% ‐ 10,757 0% PAGE 28 of 257
FY 23‐24
Budget @ 12.31.24 % @ 12.31.23 $%
Fiscal Year 2024‐25
Expenditure Summary Report
For Quarter Ended December 31, 2024 ‐‐ 50% of Fiscal Year Complete Fiscal Year 2024‐25 Current Year v. Prior Year
OTS Grant (223)
Police Contract Services ‐ 9,326 0% 2,015 7,311 363% OTS Grant Fund ‐ 9,326 0% 2,015 7,311 363% CA Dept of Conservation Fund (226)
Street Rehabilitation 91,000 ‐ 0% ‐ ‐ 0% OTS Grant Fund ‐ 91,000 0% ‐ ‐ 0% Bodyworn Camera Fund (228)
Bodyworn Cameras 61,948 ‐ 0% ‐ ‐ 0% Bodyworn Camera GRant Fund ‐ 61,948 0% ‐ ‐ 0% COPS Fund (233)
Capital Equipment 138,410 81,929 ‐ ‐ Police Contract Services 292,759 0 0% ‐ 0 0% COPS Fund 431,169 81,929 19% ‐ 0 0% Measure R Fund (243)
Street Rehabilitation 755,000 575 0% ‐ 575 0% Measure R Fund 755,000 575 0% ‐ 575 0% Measure W Clean Water Fund (246)
Stormwater 267,418 22,353 8% ‐ 22,353 0% Measure W Fund 267,418 22,353 8% ‐ 22,353 0% Measure M Fund (247)
Street Rehabilitation 1,225,000 ‐ 0% ‐ ‐ 0% Measure M Fund 1,225,000 ‐ 0% ‐ ‐ 0% SPECIAL REVENUE RESTRICTED FUNDS TOTALS 6,606,689 1,275,836 19% 141,442 1,052,466 744%
CAPITAL PROJECTS FUNDS
Capital Projects Fund (394)
PD Utilization Study 3,705.00 3,705 100% 10,602 (6,898) ‐65% FS Bathroom Remodel 18,250.00 ‐ 0% ‐ 0 0% EOC Improvements 11,394 ‐ 0% 0 0% San Marino Center Renovations 479,251 967 0% 1,581,540 (1,580,573) ‐100% Emergency Generator System 31,888 ‐ 0% ‐ 0 0% City Hall Re‐Carpeting 60,000 ‐ 0% ‐ 0 0% City Hall Campus Roof Repair 50,000 ‐ 0% ‐ 0 0% PW Facility Renovations 175,545 ‐ 0% 4,455 (4,455) 0% Public Works Vehicle Awning Co 15,000 ‐ 0% ‐ 0 0% Holiday House Restoration ‐ 0% 1,231 (1,231) 0% Stoneman Path Forward 130,000 ‐ 0% ‐ 0 Citywide Irrigation Upgrades 80,261 10,037 13% ‐ 10,037 0% Stoneman Facility Upgrades 319,900 ‐ 0% ‐ 0 0% EV Charging Stations 150,000 2,445 2% ‐ 2,445 0% Fuel Station Awning Cover 60,000 ‐ 0% ‐ 0 0% Sewer Projects 0% 0
Drainage Wash Improvement Program 50,000 ‐ 0% ‐ 0 0% Sewer/Storm Drain Replacement 191,833 ‐ 0% ‐ 0 0% Sewer System Mgmt Plan Update 13,372 ‐ 0% ‐ 0 0% Sewer Master Plan 53,583 ‐ 0% ‐ 0 0% Catch Basin Replacement 37,356 ‐ 0% ‐ 0 0% Culvert Replacement Program 420,939 13,275 3% ‐ 13,275 0% Lift Station Replacements 2,590,690 176,356 7% 40,586 135,770 335% Street Projects 0
Street Rehab Program 6,361,594 707,930 11% 455,137 252,793 56% Pavement Condition Assessment 6,613 6,613 100% 3,000 3,613 120% PAGE 29 of 257
FY 23‐24
Budget @ 12.31.24 % @ 12.31.23 $%
Fiscal Year 2024‐25
Expenditure Summary Report
For Quarter Ended December 31, 2024 ‐‐ 50% of Fiscal Year Complete Fiscal Year 2024‐25 Current Year v. Prior Year
Street Tree Management Plan 78,685 2,075 3% 3,567 (1,492) ‐42% Sidewalk Repair ‐ Various Streets 477,752 391,469 82% 395,873 (4,404) ‐1% City Wide Traffic Study ‐ 0% 15,137 (15,137) ‐100% Citywide Traffic Improvements 135,870 36,522 27% 270 36,252 13427% Traffic Signal Cabinets 113,215 ‐ 0% 28,295 (28,295) Huntington/Mission St. Beautification 500,000 ‐ 0% ‐ 0 0% Neighborhood Traffic Calming 54,359 ‐ 0% ‐ 0 0% Bridge Maintenance Program 20,000 ‐ 0% ‐ 0 0% Alley & Parking Lot Improvements 519,246 4,260 1% 4,260 0% Biennial Striping & Markings 105,130 29,495 28% ‐ 29,495 0% Streetlight Management Plan 150,000 ‐ 0% ‐ 0 0% Lacy Park Projects 0
Lacy Park Playground Management Program 243,900 ‐ 0% ‐ 0 0% Condition Assessment 50,000 ‐ 0% ‐ 0 0% Barth Room Lighting 10,000 ‐ 0% ‐ 0 0% Old Mill Facility Repairs 75,000 ‐ 0% ‐ 0 0% Capital Projects Fund 13,844,331 1,385,150 10% 2,539,693 (1,154,543) ‐45% CAPITAL PROJECTS FUNDS TOTAL 13,844,331 1,385,150 10% 2,539,693 (1,154,543) ‐45%
DEBT SERVICE FUNDS
Debt Service Fund (401)
Interest Expense ‐ ‐ 0% 29,888 (29,888) ‐100% Principal Repayment ‐ ‐ 0% 545,000 (545,000) ‐100% Debt Service Fund ‐ ‐ 0% 574,888 (574,888) ‐100% DEBT SERVICE FUNDS TOTAL ‐ ‐ 0% 574,888 (574,888) ‐100%
PROPRIETARY FUNDS (INTERNAL SERVICES)
Capitalized Equipment Fund (591)
Non‐Departmental 0% ‐ 0%
Finance 265,000 63,387 24% 5,943 57,444 967% Police 8,000 ‐ 0% 15,756 ‐ (15,756) 100% Fire 277,756 185,591 67% 887 184,704 20818% Fleet 190,000 13,583 7% 2,016 11,568 574% Streets 25,000 24,524 98% 71,317 ‐ (46,793) 66% Lacy Park 11,623 11,623 100% ‐ 11,623 0% Library Administration 43,000 ‐ 0% ‐ ‐ 0% Capitalized Equipment Fund 820,379 298,709 36% 95,920 202,789 211% INTERNAL SERVICE FUNDS TOTAL 820,379 298,709 36% 95,920 202,789 211% ALL EXPENDITURE GROUPS & FUNDS TOTAL 56,751,564 22,016,362 39% 19,743,978 2,190,456 11% PAGE 30 of 257
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Cathi Johnson, Community Services Director
DATE: February 28, 2025
SUBJECT: REAPPROPRIATION OF AQUATICS PROGRAM BUDGET
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Fiscally Responsible and Transparent City Government
BACKGROUND
For several years, the City has operated a seasonal (9-week) aquatics program serving all ages at the school district’s high school pool. The variety of programming offered includes open swimming, group/private/semi-private swim lessons, lap swimming, water fitness, and others. Historically, the program has operated utilizing a sizeable subsidy from the General Fund, which has resulted in growing losses each year to operate the program. The discussion below provides a detailed cost recovery analysis and participation trends from the past three years. These findings bring to light the true costs and operational impacts of providing this program and the necessity to reevaluate the feasibility of its continuation.
Currently, all City departments are developing their Fiscal Year 2025-26 operating budget submissions with a need to focus on operational efficiencies and ensuring that core programs and services receive priority funding. As discussed during the current fiscal year’s budget preparation process, due to low revenues and rising operating costs city-wide, the General Fund is forecasting a shortfall of nearly $1.5 million if expense reductions aren’t made.
Every department is being asked to bring forward potential reductions to aid in the adoption of a balanced budget.
With that said, the Community Services/Recreation Division is recommending Gretchen Shepherd Romey, Mayor
Tony Chou, Vice Mayor
Hunter Chang, Council Member
John Chou, Council Member
Calvin Lo, Council Member
PAGE 31 of 257
that the City Council eliminate the seasonal aquatics programs due to 1) low participation, 2) high operating costs/high cost per participant; 3) Anticipated general fund subsidy for the upcoming fiscal year of approximately $117,000; 4) An average service ratio that is 57% residents and 43% non-residents; and 5) Significant impact on administrative overhead and internal support departments, including lead/planning times for Human Resources (7 months) and Finance (3 months).
DISCUSSION
The table below is a three-year cost recovery analysis that depicts revenue generated less direct and indirect costs associated with operating the aquatics program. The *net revenue/expense line depicts whether the program area generates enough revenue to cover its costs, or if a general fund subsidy is needed to support delivering this service. In this case, aquatics programming requires on average a $106K general fund subsidy annually.
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Analyzing participation trends is also critical to program management and funding considerations. The table below provides three years of data related to the number and percentage of residents that participate in aquatics programs versus the number and percentage of non-residents (on average 57% residents to 43% non-residents). When averaged over the approximate number of operating days, 63, the program is utilized by approximately 28 participants a day, or approximately 4 participants per hour when averaged out over the number of operating hours in each day.
Alternatives
San Marino is also fortunate to be surrounded by several neighboring communities within a three-mile radius (table below) that also provide these services. In addition, approximately 1,644 (37%) of homes in San Marino have private swimming pools compared to the national average of approximately 8%. It should also be noted that the Rose Bowl Aquatic Center has a longstanding reputation for providing full-service, year-round aquatics programming to local cities and residents of the San Gabriel Valley, which many San Marino residents utilize. Elimination of the aquatics program would not leave a gap in service for our residents.
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Lastly, while the program is only offered to the public for 9 weeks, the program requires 8 months of management by Community Services Department staff along with support from Human Resources and Finance (recruitments, hiring, onboarding, live-scanning, payroll, etc.). Should this program area be eliminated, additional benefits to the department, as well as other support departments, would be realized immediately. Foremost, staff would be able to focus on critical operational improvements in the areas of personnel and risk management and improving the quality and service delivery of core programs, such as special events, summer camps, contract classes, and Senior/Family/Intergenerational programming.
FISCAL IMPACT & PROCUREMENT REVIEW
Elimination of the seasonal aquatics program will result in the department’s operating expenditure budget decreasing by approximately $149,538, and the revenue budget decreasing by approximately $49,000, for a net impact of approximately $100,000 to the General Fund.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends that the City Council reappropriate the aquatics program budget and discontinue the program. If the City Council concurs, an appropriate motion would be:
“I move to reappropriate the aquatics program budget and discontinue the program.”
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s
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Amber Shah, Parks & Public Works Director/City Engineer DATE: February 28, 2025
SUBJECT: APPROVAL OF AMENDMENT NO. 3 WITH ECONOMICS,
INC. IN THE AMOUNT OF $198,910 FOR SOLID WASTE
CONSULTING SERVICES AND AUTHORIZATION TO ISSUE
A REQUEST FOR PROPOSALS (RFP) FOR MUNICIPAL
SOLID WASTE AND DIVERTIBLE MATERIALS
COLLECTION, PROCESSING, DISPOSAL AND
TRANSPORTATION SERVICES
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Fiscally Responsible and Transparent City Government
Well-Maintained Infrastructure
BACKGROUND
The City of San Marino has contracted with Athens to provide waste collection services to some degree for nearly 50 years. The existing agreement By and Between the City of San Marino and Arakelian Enterprises, Inc., DBA Athens Services, for Solid Waste & Recyclables Collections was entered into on October 1, 2003 and has been amended four times, most recently in October 2023. The most recent Amendment No. 4 was approved to extend the term of the contract for two additional years through December 31, 2025, in order to continue services with Athens and provide time to conduct negotiations for a new agreement, or if the negotiations are unsuccessful, for the City to procure a new contract through other means. The contract is currently operating on a month-to-month basis through the remainder of the term and does not reflect modern industry standards, particularly in compliance with SB 1383, the State’s Short Lived Climate Pollutants Act.
Gretchen Shepherd Romey, Mayor
Tony Chou, Vice Mayor
Hunter Chang, Council Member
John Chou, Council Member
Calvin Lo, Council Member
PAGE 35 of 257
Given the complexity of solid waste agreements, particularly a new agreement incorporating the necessary SB 1383 provisions, in 2023 the City retained Economics, a solid waste subject matter expert to assist with negotiations.
With the short-term extension of Athens contract secured, Amendment No. 1 with Economics was also approved on October 11, 2023, increasing the compensation to $210,000 for the negotiations of a new SB 1383 compliant contract. Amendment No. 2 was approved on December 11, 2024, extending the term for an additional year. Economics has been crucial to the negotiations, as they have provided valuable analysis of the existing agreement, helped the City obtain a short-term extension in order to negotiate a new agreement, and have assisted the City with negotiations to this point.
Exclusive negotiations with Athens have been ongoing for more than a year, with significant challenges in securing terms that meet regulatory compliance and provide a defensible rate structure for residents. As such, the City may exercise its right to end the exclusive negotiation period with Athens that was a requirement of their current contract through December 31, 2024, and now issue a Request for Proposals (RFP) for waste hauling services, enabling an open, competitive process for the services. Athens will be eligible to participate in this competitive process alongside other qualified haulers. Given the complex nature of developing a RFP for waste hauling services, as well as the fact that the City has not issued a RFP for waste hauling services in more than two decades, an additional amendment to the agreement with Economics is recommended for their continued assistance with the RFP process.
DISCUSSION
For more than the past year, the City has engaged in good-faith negotiations with Athens, including utilizing an independent subject matter expert to facilitate discussions. After over fourteen months of negotiations, Athens has yet to agree to proposed contract language designed to ensure SB 1383 compliance, or to propose a rate that staff and Economics are comfortable recommending based on the current market. Athens has been unable to agree to a contract that:
• Meets SB 1383 Compliance Requirements – Programs required under SB 1383, including proper organic waste diversion, outreach, education, monitoring, reporting, and enforcement provisions have not been implemented or agreed to by Athens. A prior notice of non-compliance was issued to the City by CalRecycle in February 2022 for deficiencies related to the State law for Mandatory Commercial Organics Recycling (MORe), also known as AB 1826, and thereby SB 1383 which had gone into effect on January 1, 2022, requiring implantation of organics PAGE 36 of 257
recycling for all residents and businesses statewide. Continued noncompliance increases the City’s exposure to liability and potential enforcement action.
• Provides a Defensible Rate for Residents – Pricing discussions have not resulted in competitive or justifiable rates compared to industry benchmarks. A more competitive proposal may be achieved through an open bidding process.
Given the limited time before the contract with Athens expires on December 31, 2025, continuing exclusive negotiations with Athens risks forcing the City into an unfavorable agreement that does not meet regulatory requirements or provide cost-effective service to residents. Moving forward with the RFP process will ensure that the City can:
1. Attract Competitive Bids – Preliminary market research suggests that multiple waste haulers may be interested in submitting proposals under terms that align with the City’s needs. There is significant overlap in the contract language and requirements that have been incorporated in the City’s contract that have been executed by other haulers in the cities of Laguna Beach, Laguna Hills, Lake Forest, Newport Beach, Rancho Mirage and Tustin.
2. Ensure Regulatory Compliance – A new contract will incorporate all required SB 1383 provisions, reducing the City’s liability. A detailed scope of work provides the specificity necessary to ensure the City is able to meet its compliance obligations and provides staff a clear framework for overseeing the administration of the contract. This is particularly important given the fact that the City maintains a very lean operation that does not allow any one staff person to be fully dedicated to the oversight of the solid waste operations in the City on a full-time basis, unlike many other larger cities.
3. Maintain High-Quality Service – While service continuity is a consideration, the RFP will specify the need to maintain backyard collection; ensuring bidders meet the City’s unique requirements.
Service will however, transition from a 2-barrel to a 3-barrel system for the separate collection of refuse (black barrel), recyclables (blue barrel), and green waste/food waste (green barrel). Although refuse and recyclables have been able to be collected together in 1-barrel to date and subsequently separated at Athens’ Materials Recovery Facility (MRF), this process is no longer able to meet the diversion requirements of SB 1383.
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SUBJECT MATTER EXPERT CONTRACT AMENDMENT
To successfully develop and execute the RFP process, staff recommends amending the current agreement with Economics. The services of Economics are necessary for preparing the RFP documents, assisting in the evaluation of proposals, and providing technical expertise throughout the selection process.
The cost proposal for these services represents $125,635 of the $198,910 total cost of the proposed contract amendment. This cost is lower than the typical RFP development cost for waste collection services that can range upwards of $200,000 because much of the necessary documentation including contract provisions and the rate model used to assess hauler pricing has already been developed during negotiations with Athens.
The remaining cost of $73,275 included in the proposal for this contract amendment is to provide assistance with SB 1383 implementation programs.
In addition to the need for a SB 1383 compliant contract for waste collection services, there are other programmatic requirements of SB 1383 that jurisdictions are required to comply with that are within the City’s control and responsibility to begin implementing including:
• CalRecycle Annual Reporting and Site Visits
• Maintenance SB 1383 Implementation Records
• Development and Implementation of SB 1383 Enforcement Protocols • Development of SB 1383 Commercial Business Waiver Protocols • Development of Self-Haul Program
• Development of Environmentally Preferable Purchasing Policy • Compliance with CalGreen, C&D, and MWELO ordinances
• Procurement of Recycled Organics Content Products
As noted earlier, Economics’ experience and subject matter expertise will be invaluable as the City moves forward with SB 1383 rollout and compliance.
These SB 1383 compliance services would be necessary regardless of waste hauler and independent from the RFP process to ensure all programs within the control of the City are compliant with SB 1383.
Staff has worked diligently to negotiate a new agreement with Athens but has been unable to reach terms that satisfy the City’s compliance and cost objectives. Issuing a RFP will allow the City to pursue a more favorable contract while maintaining service continuity. Additionally, approval of Amendment No. 3 to the agreement with Economics will ensure the City has the necessary technical support to conduct a successful RFP process and implementation of SB 1383 compliant programs.
PAGE 38 of 257
FISCAL IMPACT & PROCUREMENT REVIEW
The adopted FY 2024-25 budget includes $100,000 in Account No. 101-40- 4104-0000 (Contract Engineering Services) for solid waste consulting services. In order to cover the cost of the portion work expected to be completed during the remainder of this fiscal year under Amendment No. 3 with Economics, a budget amendment is necessary to appropriate an additional $90,000 in Account No. 101-40-4104-0000. The remaining cost will be budgeted for in FY 2025-26.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends that the City Council approve Amendment No. 3 to the agreement with Economics, Inc. for solid waste consulting services and authorize staff to issue a RFP for solid waste and recycling services. If the Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to 1) approve Amendment No. 3 to the agreement with Economics, Inc. for solid waste consulting services in the amount of $198,910, 2) authorize the City Manager to execute the Amendment on behalf of the City, 3) approve a budget amendment for FY 2024-25 adding $90,000 to Account # 101-40-4104-0000 and 4) authorize staff to issue a Request for Proposals (RFP) for municipal solid waste and divertible materials collection, processing, disposal and transportation services.”
ATTACHMENTS
1. Draft Amendment No. 3 with Economics, Inc.
2. Original Agreement with Economics and Amendments No. 1 & 2 PAGE 39 of 257
Doc No. 2547482
AMENDMENT NO. 3 TO AGREEMENT BETWEEN THE CITY OF SAN MARINO AND ECONOMICS, INC.
THIS AMENDMENT NO. 3 TO THE AGREEMENT (“Amendment No. 3”) by and between the CITY OF SAN MARINO (“City”) and Economics, Inc., a California corporation (“Consultant”) is effective as of February 28, 2025. City and Consultant are collectively referred to as the “Parties.”
RECITALS
A. City and Consultant entered into that certain Agreement for Professional Services dated May 22, 2023 (“Original Agreement”) whereby Consultant agreed to provide those professional services specified in the Original Agreement.
B. City and Consultant entered into Amendment No. 1 to the Original Agreement between the City and Consultant dated October 11, 2023 to increase the compensation amount by $180,000 to a new compensation amount of $210,000
C. City and Consultant entered into Amendment No. 2 to the Original Agreement between the City and Consultant dated December 11, 2024 extending the term of the Agreement through December 31, 2025.
D. City and Consultant now desire to amend the Original Agreement, as amended by Amendment No. 1 and Amendment No. 2, in accordance with Section 16 of the Agreement to increase the compensation amount by $198,910 to a new compensation amount of $408,910 and to incorporate additional work into the Scope of Services.
TERMS
1. Contract Changes. The Original Agreement is amended as provided herein.
A. Section 3 of the Original Agreement is amended to read as follows:
3.0 Consultant’s Compensation
City will pay consultant in accordance with fee schedule set forth in Exhibit B but in no event will the City pay more than $408,910. 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 2.06.05 of the San Marino City Code, this Agreement shall not be effective unless previously approved by the City Council if it is for professional services greater than thirty thousand dollars ($30,000.00).
B. Exhibit A (Scope of Services) is amended to include the attached document.
2. Continuing Effect of Agreement. Except as amended by Amendment No. 1, Amendment No. 2, and this Amendment No. 3, all provisions of the Original Agreement shall PAGE 40 of 257
Doc No. 2453984
remain unchanged and in full force and effect. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Original Agreement, as amended by Amendment No. 1, Amendment No. 2, and Amendment No. 3.
3. Authority. The persons executing this Amendment No. 3 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 3 on behalf of said party, (iii) by so executing this Amendment No. 3, such party is formally bound to the provisions of this Amendment No. 3, and (iv) the entering into this Amendment No. 3 does not violate any provision of any other agreement to which said party is bound.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 3 as of the date and year first hereinabove written.
City of San Marino Economics, Inc.
By:_____________________________ By:______________________________ Philippe Eskandar, Signature
City Manager
______________________________
Print Name and Title
Date:____________________________ Date: ____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ________________________________ Alison Walker Joe Montes
City Clerk City Attorney
PAGE 41 of 257
Solid Waste & Recycling
Consulting Services
PREPARATION OF SOLID WASTE AND RECYCLING
SERVICES REQUEST FOR PROPOSALS
& SB 1383 IMPLEMENTATION SERVICES
City of San Marino
February 2025
PAGE 42 of 257
EcoNomics, Inc. | Page 2
TABLE OF CONTENTS
COVER LETTER ......................................................................................................................... 4 SECTION I. BACKGROUND ........................................................................................................ 7 SECTION II. KEY PERSONNEL .................................................................................................... 9 William O’Toole ..............................................................................................................................................9 Trevor Blythe MBA........................................................................................................................................10 Linda Furbee JD.............................................................................................................................................11 Lisa Robles MS ..............................................................................................................................................11 Sara Aubery MS ............................................................................................................................................12 Ian Bevan MBA..............................................................................................................................................13 Valeria Ferrufino ...........................................................................................................................................13 Clarisa Gomez...............................................................................................................................................14 Bella Sullins...................................................................................................................................................14 SECTION III. SUBCONTRACTOR ............................................................................................... 15 Cerene St. John JD.........................................................................................................................................15 SECTION IV. SCOPE OF WORK – PREPARATION OF SOLID WASTE & RECYCLING SERVICES REQUEST FOR PROPOSALS ..................................................................................................... 17 TASK 1. Determine Any Changes to Draft Agreement ................................................................................................17 TASK 2: Draft RFP and Proposal Forms .......................................................................................................................17 TASK 2A: Develop RFP Background Information...........................................................................................17 TASK 2B: Develop Technical and Financial Requirements for RFP................................................................18 TASK 2C: Write Proposal Forms....................................................................................................................18 TASK 2D: Compile and Prepare RFP for Release ...........................................................................................18 TASK 3: Manage RFP Process......................................................................................................................................19 TASK 3A: Prepare List of Potential Proposers...............................................................................................19 TASK 3B: Assist with Presenting RFP Package & Process Protocol to City Council .......................................19 TASK 3C: Assist with Pre-Proposal Meeting and Prepare RFP Addenda.......................................................19 TASK 3D: Distribute RFP and Respond to Haulers’ Questions ......................................................................19 TASK 4: Evaluate Proposals.........................................................................................................................................20 TASK 4A: Prepare TEchnical Analysis of Proposers.......................................................................................20 TASK 4B: Prepare and Analyze Proposers’ Comparison Data .......................................................................20 TASK 4C: Analyze Proposers’ Financial Capability and Strength to Perform Agreement..............................20 TASK 4D: Analyze proposers’ Contract Exceptions and Potential Impact on Agreement.............................20 TASK 4E: Analyze Proposers’ Rates in RElation to Agreement Requirements..............................................21 TASK 4F: DEvelop Proposers’ Question Sets and Evaluate Proposers’ Responses .......................................21 TASK 4G: Develop Proposers’ Interview Questions and Attend Interviews .................................................21 TASK 5: Contract Award ..............................................................................................................................................21 TASK 5A: Preparation of Final Contract ........................................................................................................21 TASK 5B: Additional Research.......................................................................................................................22 PAGE 43 of 257
EcoNomics, Inc. | Page 3
TASK 5C: Prepare Proposers’ Evaluation Report...........................................................................................22 TASK 5D: Contract Award and Staff Report Support ....................................................................................22 TASK 6: Meetings with City Staff and City Attorney....................................................................................................22 SECTION V. SCOPE OF WORK – SB 1383 IMPLEMENTATION SERVICES ................................... 23 TASK 1: CalRecycle Conference Call and Annual Visit.................................................................................................23 TASK 2: CalRecycle EAR and Form 303........................................................................................................................23 TASK 3: CalRecycle Implementation Record ...............................................................................................................24 TASK 4: SB 1383 Enforcement Protocol Development................................................................................................24 TASK 5: SB 1383 Waiver Protocol Development.........................................................................................................24 TASK 6: Self-Haul Program Development....................................................................................................................25 TASK 7: Develop Environmentally Preferable Purchasing Policy (EPP).......................................................................26 TASK 8: CALGreen, C&D and MWELO .........................................................................................................................26 TASK 9: Procurement of Recycled Organics Content Products (ROCP’S)....................................................................27 TASK 10: Monthly Meetings with City Staff ................................................................................................................27 SECTION VI. COST PROPOSAL ................................................................................................. 29 Staff Hourly Rates .......................................................................................................................................................29 Proposed Budget – RFP PROCESS................................................................................................................................30 Proposed Budget – SB 1383 IMPLEMENTATION.........................................................................................................31 Proposed Budget – TOTAL OF COMBINED BUDGETS..................................................................................................32 SECTION VII. REFERENCES ...................................................................................................... 33 PAGE 44 of 257
EcoNomics, Inc. | Page 4
COVER LETTER
February 19, 2025
Amber Shah
Parks & Public Works Director/City Engineer
City of San Marino
2200 Huntington Drive
San Marino, California 91108
RE: Proposal to Provide Solid Waste Consulting Services for the Preparation of Request for Proposals for Solid Waste and Recycling Services & SB 1383 Implementation Services Dear Ms. Shah:
EcoNomics Inc. is pleased to submit the attached proposal to the City of San Marino for assistance with the RFP for the City’s new solid waste and recycling contract, as well as assistance with SB 1383 implementation programs. The accompanying proposal includes an overview of our background, information and resumes for key personnel, a detailed scope of work for assistance with the RFP process, a detailed scope of work for assistance with SB 1383 implementation, the proposed budgets for the RFP process and SB 1383 implementation, and references.
EcoNomics brings the following unique set of skills and local knowledge to the San Marino procurement project and SB 1383 implementation:
• Extensive experience conducting procurement processes to incorporate SB 1383 programmatic requirements, performance metrics, and technological innovations. EcoNomics conducted an RFP process in Laguna Beach in 2022, a joint RFP in Laguna Hills/Lake Forest in 2023, in Tustin in 2018 and developed contracts that closely align with SB 1383 for each City. These contracts contain extensive performance metrics and programmatic requirements to achieve program participation, reduce contamination to levels acceptable by SB 1383, and to make use of technology that reduces operational costs. EcoNomics has also worked with Laguna Niguel, Lake Forest, Laguna Hills, Rancho Mirage, and Newport Beach to negotiate and draft new contracts or amendments to incorporate SB 1383 programmatic requirements. • Our team includes a former City Attorney who also served as the Solid Waste Program Manager for the City of Sunnyvale. She now works as outside legal counsel to cities and counties and provides legal work for our clients. Due to her extensive experience in solid waste and recycling, she acts as a “bridge” between the technical detail required in the Scope of Work for the collection PAGE 45 of 257
EcoNomics, Inc. | Page 5
contract, and the legal drafting. This results in reduced City Attorney time to review and edit the draft RFP and the draft collection contract.
• A track record of conducting successful RFP processes that are open, fair and were completed free of the “pitfalls” that procurement processes can encounter. Such RFPs include Laguna Hills (2004), Tustin (2007), Lake Forest (2013), Tustin (2018), Laguna Beach (2022) and joint Laguna Hills/Lake Forest (2022).
• Core strength in the design, implementation, procurement and oversight of recycling and waste diversion services. This has been our specialty for over 30 years. EcoNomics is currently assisting with implementing programs mandated by SB 1383 in 10 California jurisdictions. • Actual “hands-on” field experience implementing diversion programs. Our team understands what it takes to implement sustainable and long-lasting diversion programs and how to exceed minimum programmatic compliance requirements. This on-the-ground knowledge is incorporated into the contract drafting process in the form of performance standards that will ensure the hauler implements quality diversion programs to meet or exceed compliance requirements, as well as in SB 1383 program implementation. • Familiarity with the diversion environment in Southern California and CalRecycle compliance oversight processes. EcoNomics is currently working for 10 cities in Southern California on a wide range of compliance management, implementation, and contract management projects. We are very familiar with the solid waste and recycling issues encountered in Southern California, the compliance assessment and enforcement protocols used by CalRecycle by Local Assistance and Market Development (LAMD) representatives, as well as all the haulers operating within the area. • No conflict of interest. EcoNomics works exclusively for cities, counties and other public agencies.
We do not work for refuse haulers and therefore have no conflict of interest with any firms that might compete for this solid waste collection and recycling contract. • Experience with hauler contract management. EcoNomics assists client Cities with managing their hauler contracts to ensure that the haulers are complying with contractual obligations to achieve the State’s mandated recycling goals.
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EcoNomics, Inc. | Page 6
We are excited by the opportunity to assist the City of San Marino with the RFP process and SB 1383 implementation and welcome any questions you might have about our proposal or qualifications. Please feel free to contact me at 858-886-6657 (cell) or email [email protected] if you have any questions.
Sincerely,
Trevor Blythe
Senior Vice President
EcoNomics, Inc. (a Colorado ‘C’ Corporation dba ECAL-NOMICS, INC. in California) Corporate Office
832 Camino del Mar, Suite 2
Del Mar, California 92014
(858) 793-9200
Orange County Office
34185 Street of the Violet Lantern, Suite 104
Dana Point, California 92629
(858) 793-9200
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation SECTION I. BACKGROUND
Since 1977, EcoNomics, Inc. has assisted municipal clients in creating sustainability systems that are efficient, cost effective and in compliance with all federal and state laws and regulations. EcoNomics has assisted public and private sector businesses with strategic planning and implementation services for recycling, source reduction, organic waste management, buy-recycled, manufacture-for recyclability and the development of sustainability profiles.
EcoNomics provides a range of specific consulting services designed to create an effective waste management and recycling program. EcoNomics’ experience encompasses the areas listed below.
Strategic Planning, Development and Program Implementation for Compliance with California State Laws AB 939, AB 341, AB 1826 and SB 1383. EcoNomics identifies options, performs cost analyses, develops recommendations, and implements programs to achieve maximum waste reduction and diversion for compliance with the following State laws:
• AB 939 EcoNomics prepares AB 939 Annual Reports and SB 1066 requests, and acts as a liaison between jurisdictions and the California Department of Resources Recycling and Recovery (CalRecycle) on AB 939 compliance issues. EcoNomics successfully works with businesses and multi-family complexes to implement recycling programs that increased the client’s AB 939 diversion rate and to further demonstrate compliance with programmatic requirements of AB 939.
• AB 341 EcoNomics assists its client municipalities with implementing commercial and multifamily recycling programs to comply with AB 341. To this end, EcoNomics develops compliance plans for its clients; drafts and implements cost-saving recycling proposals for large commercial and multi-family generators; develops outreach materials for distribution to AB 341-non-compliant properties to notify them of the law; and monitors progress with compliance.
• AB 1826 EcoNomics has been implementing organics diversion programs at restaurants, hotels, schools and large stadiums since 2002. For AB 1826 compliance, EcoNomics assists its clients with identifying the restaurants that meet the compliance thresholds; developing outreach materials to notify the restaurants of the requirement to divert organics; and works directly with the restaurants to implement cost-saving organics diversion programs. • SB 1383 Since 2018, EcoNomics has overseen three RFPs and five negotiations that produced SB 1383 specific agreements. In addition, we are assisting several jurisdictions in complying with SB 1383 with respect to planning and provision of infrastructure options.
Franchise Agreements, Contract/Franchise Negotiations, Collection Contracts, and Contract Management. EcoNomics assists local governments in competitive procurements and negotiations for franchise/service contracts, contract amendments, rate reviews, audits, and contract management and oversight. The procurements feature contracts/agreements that contain specific measurable and enforceable performance provisions. These customized provisions ensure that the jurisdictions we serve can effectively respond to both current and anticipated regulatory and legislative requirements and PAGE 48 of 257
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation mandates. Specifically, EcoNomics assists cities and counties in customizing procurement services for refuse collection, materials recovery facilities, curbside recycling programs, commercial/industrial recycling programs, green waste recycling, composting and household hazardous waste collection/drop off programs. EcoNomics provides effective solutions for the community with an understanding of the fundamental challenge of local governments to balance complex services and programs with the realities of budget constraints. State legislation is changing the structure and importance of contracts for these services.
Solid Waste Generation & Diversion Composition Studies. Using statistical sampling methods developed exclusively for its clients, EcoNomics conducts detailed studies to determine the quantity and composition of the client's waste stream. The results of these studies are then used to develop waste reduction and recycling programs targeted to the specific materials in the waste stream and/or to determine a new baseline year for purposes of AB 939. In addition, we have designed new sampling protocols for SB 1383 that measure contamination and collection route efficiencies.
Secondary Materials Markets. With the increased goal of 75% diversion, and the passage of SB 54, more types of discarded materials will need to be sold into the secondary materials markets. The revision in import restrictions by China, India, and other export markets has changed the flow of materials to alternate export markets. Hauling companies are trying to shift market risk to municipalities. This is not always a valid response and needs to be carefully examined in discussions with hauling companies.
EcoNomics understands the vital link between recycling programs and markets for the collected materials.
EcoNomics constantly monitors both the domestic and overseas markets for recyclable commodities such as glass, paper, cardboard, plastics, metals, and aluminum. This expertise allows us to assist clients in marketing the ever-broadening types of recyclable materials and to forecast the trends that affect materials pricing and cost structures. Markets for food scraps via composting are more complex and require expertise to get the food scraps out of the waste stream and back to fields and farms. EcoNomics is closely monitoring the rapidly evolving organics processing technologies and markets for organics as well as state and federal standards for the compost produced.
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation SECTION II. KEY PERSONNEL
WILLIAM O’TOOLE
Title: President & Founder
Education: BS in Biology (Systems Ecology), University California, San Diego, 1976 Specializations: Strategic Oversight, High-level Compliance Planning, Waste Composition Study Design and Review, Contract Negotiations
William O’Toole will provide senior review and strategic direction on the project’s procurement process.
Mr. O’Toole is a “hands-on visionary” working with cities and counties to anticipate legislative trends, shifts in secondary materials markets, and other factors that affect local collection contracts. He devises practical, cost-effective methods for implementing diversion programs that benefit cities’ residents and businesses and enable clients to meet the requirements of both AB 939 and the evolving requirements of AB 341, AB 1826 and SB 1383. William has worked with dozens of cities to negotiate hauler contracts or manage the competitive procurement process, including local Orange County cities such as Laguna Beach, Laguna Hills/Lake Forest joint procurement, Tustin, Laguna Niguel, Laguna Hills, and Lake Forest.
Mr. O’Toole founded EcoNomics, Inc. in 1977 and has 40 years of experience in the recycling and solid waste industry. As one of the early pioneers in the recycling industry, he worked to implement some of the first curbside recycling programs in California and then developed secondary materials markets to accept the materials collected. He then turned his attention to implementing commercial recycling programs, which, in most cities yield far more tons of diversion due to the size and composition of these waste streams. He is now heavily involved in continuing the transition from the traditional view of solid waste and recycling towards the more encompassing vision of a sustainable materials management industry.
During the process of developing recycling programs, it became clear that existing collection contracts were insufficient with respect to programs, reporting, and enforcement tools to handle the additional requirements of diversion mandates. In addition, the segmentation of wastes into subcomponents (i.e., E-waste, HHW, “big box” recyclable streams, etc.) also required a new development of contract language and management tools to meet the demands of a different approach to the handling of what used to be considered as Municipal Solid Waste (MSW). It was at this point that Mr. O’Toole became involved in overseeing the procurement of hauler services. He works with his client cities to develop contracts that are specifically tailored to maximize diversion, identify costs, and develop rate structures that are transparent.
Mr. O’Toole is one of the founders of the California Resource Recovery Association (CRRA) as well as Californians Against Waste (CAW). He has worked on statewide legislation and has been a member of several committees and task forces for the California Integrated Waste Management Board (now known as CalRecycle) on AB 939 Diversion Calculations and Reporting Requirements for Material Recovery Facilities (MRF) and Transfer Stations.
Mr. O’Toole brings significant local knowledge about the Orange County solid waste and recycling system including familiarity with the recycling, materials recovery, construction and demolition waste processing facilities, the landfill system and all the solid waste and recycling companies that are active in the Orange County area.
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation
TREVOR BLYTHE MBA
Title: Vice President and Co-Owner
Education: BS in Environmental Science, University California, Santa Barbara, 2006 MBA in Sustainable Management from Presidio Graduate School, 2014 Specializations: Project Management, CalRecycle Compliance Management and TroubleShooting, Hauler Contract Negotiation and Procurement Trevor Blythe has over 18 years of experience as a consultant in the sustainable materials management industry. Mr. Blythe works daily with local governments, private industry, and cities’ waste haulers to overcome operational and financial barriers to implementing sustainable materials management programs at the municipal scale. He is an expert on solid waste regulations, operations, and collection system optimization. Mr. Blythe holds a Master of Business Administration in Sustainable Management from Presidio Graduate School in San Francisco. During his coursework at Presidio, Trevor explored market-based solutions for returning key nutrients from organic waste back to the soil. He holds a Bachelor of Science in Environmental Sciences from the University of California, Santa Barbara with an emphasis on Geographic Information Systems.
Mr. Blythe is currently assisting the cities of Anaheim, Newport Beach, Santa Ana, San Juan Capistrano, Mission Viejo, Lake Forest, Laguna Hills, Tustin, and Stanton with contract management, SB 1383 compliance planning, program cost, rate impact analyses and other tasks. Mr. Blythe has assisted the cities of Laguna Hills, Lake Forest/Laguna Hills joint procurement, Lake Forest and Tustin with competitive RFPs for hauling service that incorporated all SB 1383 programmatic requirements as well as other technological innovations. Similarly, he has assisted the cities of Newport Beach, Laguna Niguel, Rancho Mirage, and Laguna Hills with hauler contract negotiations to update agreements to comply with new legislative mandates. He also assists EcoNomics’ client cities with compliance program implementation, including developing fair and reasonable pricing to comply with new, state-mandated diversion programs, monitoring diversion reports to assess hauler compliance with state laws, and leading meetings with cities and haulers to monitor contractual compliance and resolve outstanding contractual obligations.
Mr. Blythe has developed comprehensive organics cost models used in the City of Anaheim, Mission Viejo, Tustin, Santa Ana, Laguna Niguel, Newport Beach, Lake Forest, Rancho Mirage, and Napa. The model is used to project the cost of AB 1826 and SB 1383 compliance and to examine the impact of these costs on different components of a city’s rate base. The model allows for real-time entry of generator participation assumptions, rate incentives, and service scenarios to predict the total cost of the program and the potential rate impact on residential and commercial accounts. The model can be used to illustrate the impacts of different funding scenarios for presentation to elected officials and senior City management.
In many cases, the rate model was developed with the franchise haulers to construct a rate that adequately compensates the hauler while still providing a rate incentive for the generator, thus aligning the profit incentive of the hauler with the cost reduction incentives of the generators with the compliance requirements of the City.
Mr. Blythe teaches two courses as adjunct faculty in the Sustainability and Resource Management program at Irvine Valley College; SRM 95 – The Business Case for Sustainability and SRM 90 – Sustainability for Communities.
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation
LINDA FURBEE JD
Title: Director
Education: BA University of California, Riverside; Juris Doctorate California Desert Trial Academy College of Law
Specializations: Hauler Contract Procurement, Transition to New Hauler Agreements, Hauler Contract Management, SB 1383 Program Development, CalRecycle Compliance and Reporting Ms. Furbee joined EcoNomics in October 2021. As her first assignment, she held a 3-day per week residency at the City of Newport Beach Municipal Operations Division for 1-year where she assisted the City with finalizing its residential franchise negotiations and overseeing the implementation of a citywide organics program. Her function was to oversee the hauler’s implementation of a third organics cart to all households and ensure the roll-out, and the accompanying educational campaigns were done in accordance with the contract terms. Ms. Furbee ran weekly meetings with the City and its hauler to troubleshoot operational issues, coordinate resolutions to customer service issues, ensure compliance with SB 1383 contamination minimization monitoring requirements, and ensure the ratepayers were receiving the value that they were paying for. She managed the City’s edible food recovery program inspections, notifications, outreach, reporting and capacity planning. Ms. Furbee also has assisted client cities including the Cities of Laguna Beach, Laguna Hills/Lake Forest joint procurement and Newport Beach with procurement processes, both via a competitive RFP process and via negotiations, to ensure franchise agreements are fully aligned with SB 1383 requirements. To this end, Ms. Furbee has drafted scope of work language, education and outreach requirements, contamination monitoring requirements and other key elements that our client cities may use to attain compliance.
Prior to her tenure at EcoNomics, Ms. Furbee was an account director for a communications firm in the Coachella Valley. In her capacity within the organization, Ms. Furbee assisted clients with implementing communication and marketing strategies. Prior to her career in marketing, Ms. Furbee worked in municipal government in various capacities, including Assistant to the City Manager, Management Services/Marketing Director, and Management Analyst.
LISA ROBLES MS
Title: Director
Education: BS in Communications, California State Polytechnic University, Pomona, 2011 Master’s in Environmental Studies (MS), California State University Fullerton, 2018 Specializations: SB 1383 Program Development, Compliance and Reporting; Implementation of C&D Tracking Systems such as Green Halo; Education and Outreach; GIS Applications Lisa Robles joined the EcoNomics team in April 2018 and has been managing the SB 1383/AB 341/AB 1826 compliance implementation efforts in the City of Santa Ana as well as the CalGreen C&D program revision and development in the City of Lake Forest. Ms. Robles also works with the City of Anaheim on SB 1383 planning, implementing the OC Waste and Recycling grant, and has experience drafting grant reports, developing CRM systems, and managing a competitive procurement process for PR firms.
Ms. Robles has twelve years of experience developing and managing solid waste and recycling programs in both the both private and public sector. Ms. Robles worked as Republic Services recycling coordinator based out of the Anaheim facility for over four years and gained valuable experience in the operational PAGE 52 of 257
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation and outreach components of the materials management industry. At Republic, Ms. Robles assisted client cities with designing and implementing waste diversion programs, ranging from food scrap recycling programs to HHW collection events. She was also the main liaison point with client cities to assist with diversion tonnage and compliance reporting. At Republic, Ms. Robles developed key partnerships through involvement in community groups such as MUZEO and Anaheim Beautiful.
More recently, as an intern in the Public Works Department at the City of Laguna Beach, Ms. Robles managed the City’s CalGreen Construction and Demolition recycling program and worked to continuously improve compliance and diversion rates. At Laguna Beach, Ms. Robles assisted the City with its hauler contract management and oversight as well as overseeing CalRecycle compliance reporting.
Ms. Robles obtained her Master of Science in Environmental Studies from CSU Fullerton. Ms. Robles has experience in Geographic Information Systems (GIS) as well as an in depth understanding of how sustainable waste management at a municipal scale can result in desirable environmental outcomes. Ms.
Robles is proficient in the Microsoft Office suite, the Adobe design platform, ARCGIS, and is a native speaker of Spanish.
SARA AUBERY MS
Title: Program Implementation Manager and Software Developer Education: BS in Animal and Conservation Biology, University of California, Davis, 2007 MS in Natural Resource Management and Marine Science, University of the Virgin Islands, 2014 Specializations: Program Design, Implementation and Sustainable Finance, Data Analysis, Database Management, and Outreach and Education.
Ms. Aubery joined EcoNomics in January 2023. She is a skilled recycling implementation project manager who is dedicated to helping cities meet their sustainability goals. Her diverse skill set and passion for creating positive change makes her an ideal partner. Ms. Aubery is currently managing a team of four recycling coordinators in Santa Ana to implement SB 1383 programs in a timeline that conforms with the City’s Corrective Action Plan. To this end, Ms. Aubery uses data-driven methods to achieve process efficiencies and, with the help of her team, implemented over 300 SB 1383 compliant programs in the span of just over 2 months.
Ms. Aubery has managed large data sets with ease and knows how to leverage data to drive impactful decisions. Her keen eye for detail and ability to identify key insights will be invaluable in helping your city optimize its recycling programs. Ms. Aubery has assisted the City of Napa with developing a rate model to identify the optimal incentive for its commercial composting program and to identify keys costs for a new organics route for generators with high-levels of contamination. The model uses a data processing system called ‘R’ and allows for the client to enter various parameters into an online app to assess impacts to the City’s rate revenue and costs in real time.
Prior to this work she spent 5 years in waste diversion for specialty industries. Ms. Aubery is passionate about behavior change and has a proven track record of designing and implementing effective programs that inspire communities to make positive changes towards sustainability. Her expertise in outreach and education, supply chain management, material flow and procurement, graphic design, legislation, and the circular economy will ensure that your city's needs are met with creative and innovative solutions.
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation
IAN BEVAN MBA
Title: Senior Program Implementation Coordinator
Time with EcoNomics: 10 years
Education: BA in Political Science, San Diego State University, 2008 MBA in Sustainable Management, Presidio Graduate School, 2012 Specializations: AB 341, AB 1826, and SB 1383 Field Implementation; CalRecycle Compliance Reporting (EAR Implementation Record and Form 303)
Ian Bevan specializes in developing cost-effective waste diversion programs that help businesses meet compliance requirements. He has implemented AB 341, AB 1826, and SB 1383 programs at hundreds of commercial and multi-family properties in San Juan Capistrano, Tustin, Mission Viejo, Laguna Hills, Santa Ana, and Anaheim. Mr. Bevan uses information gathered at site audits to develop customized, cost-saving waste reduction programs that fit the unique needs of each property, from split trash and recycling bins to specialized enclosure signage and outreach. Mr. Bevan has also worked with large retail operations to implement organics waste diversion.
Mr. Bevan has experience working with the City of San Diego Environmental Department managing the construction and demolition ordinance. In this capacity, Mr. Bevan worked with contractors to ensure they met or exceeded the City’s 50% diversion requirement for construction and demolition waste. Mr.
Bevan leveraged his experience as an on-campus sustainability advocate at San Diego State University to found a non-profit company committed to facilitating grassroots, student-led sustainability programs at colleges and universities.
VALERIA FERRUFINO
Title: Senior Sustainability Coordinator
Education: AA in Geography, AA in Social and Behavioral Sciences, AA in Liberal Studies: Teacher Education, Certificate of Achievement in Sustainability and Resource Management, Irvine Valley College, 2020
BA in Geography with Emphasis in Environmental Analysis, Geographic Information Systems Certificate, California State University Fullerton, 2022 Specializations: Edible Food Recovery Inspections, AB 1826 & SB 1383 Monitoring and Compliance, Contamination Audit Reviews, GIS Applications Valeria Ferrufino joined the EcoNomics team in January of 2020 to assist with field implementation. Ms.
Ferrufino conducts recurring audits of participants in the City’s SB 1383 program to assess participation and contamination levels. She has provided education regarding recycling legislation and recommendations for compliance to hundreds of business managers at restaurants, grocery stores, hotels, shopping malls, offices, and multi-family properties in Laguna Hills, Irvine, San Juan Capistrano, Laguna Niguel, and Mission Viejo. She has also provided doorstep education to over 1000 residents in San Juan Capistrano and Laguna Niguel, informing about organic recycling guidelines. Ms. Ferrufino has implemented, provided staff training, and verified the quality of dozens of AB 1826 and SB 1383 programs at commercial properties in Irvine. She has worked in the City of Mission Viejo to analyze commercial listings to identify SB 1383, AB 1826 and AB 827 non-compliant generators and bring them the necessary education for compliance.
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation Ms. Ferrufino led sustainability efforts at Irvine Valley College as the Co-President of the on-campus Green Team and with frequent presentations of sustainability projects at the college’s Environmental Leadership Task Force. She also led projects as the Vice President of Communications in the Phi Theta Kappa Honors Society. Ms. Ferrufino has proficient ArcGIS skills that have assisted in presenting field audit findings and optimizing recycling audit routes.
CLARISA GOMEZ
Title: Program Implementation Coordinator
Education: Bachelor of Arts in Environmental Science and Policy and Urban Studies, University of California, Irvine
Specialization: Community Engagement, Outreach, Zero Waste Event Coordination, Field Compliance Assessments
Clarisa Gomez joined the EcoNomics team in February 2024 to assist with field implementation. She has worked with the City of Santa Ana to identify SB 1383 non-compliant generators including small businesses and multi-family complexes that lack adequate service. Ms. Gomez has experience conducting weekly site visits to businesses and multi-family properties to assess compliance with SB 1383, as well as, communicating SB 1383 requirements and outreach materials to customers in English and Spanish when implementing recycling and organic recycling programs.
Ms. Gomez previously worked as a Sustainability Recycling Specialist for CR&R where she compiled tonnage data for monthly and quarterly diversion reports, developed client-focused service proposals to implement food waste and recycling programs for AB 341, AB 1826, and SB 1383, and assisted in creating materials for annual curbside report, audited landfills, and educational waste sorting materials.
BELLA SULLINS
Title: Program Implementation Coordinator
Education: Bachelor of Arts in Environmental Studies, Point Loma Nazarene University, 2023 Specialization: Field Compliance Assessments, Community Engagement, Problem Solving Bella Sullins joined the EcoNomics team in October 2023 to assist with field implementation. She has worked with the City of Santa Ana to identify SB 1383 non-compliant generators including small businesses and multi-family complexes that lack adequate service. Additionally, Ms. Sullins has worked with the City of Irvine to implement organics recycling and food recycling services to residents. Ms. Sullins is diligent and consistent in her communication skills with each customer she comes across, which is illustrated in her high conversion rates.
Ms. Sullins served as a Nature Specialist near Yosemite National Park where she developed a multi-faceted curriculum for kids and young adults. Shortly after, she worked at a non-profit as a Community Engagement Outreach Assistant, where she assisted with the Recycling Call Center to assist the public in proper waste disposal. Her expertise in communicating with constituents has helped capture the true efforts of local government and environmental policy. In all the work she does, she hopes to share the beauty of creation with others so they may be inspired to make change in their communities.
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation SECTION III. SUBCONTRACTOR
EcoNomics is proposing to use one subcontractor if engaged by the City of San Marino. Ms. St. John is an active member of the California Bar and, utilizing over 40 years of experience in the solid waste and recycling field, has extensive experience in drafting contracts for RFP’s, contract negotiations, and collection contract amendments for new diversion services and programs. Ms. St. John has served in this capacity with EcoNomics in several procurements and negotiations including the RFP for the City of Laguna Hills/Lake Forest joint procurement; RFP for the City of Laguna Beach; RFP for the City of Tustin; RFP for the City of Lake Forest; RFP for the City of Laguna Hills; negotiation of a new city-wide collection contract for the City of Laguna Niguel; negotiations for a new residential collection contract for the City of Newport Beach; and negotiations for a new solid waste and recycling collection contract based upon SB 1383 requirements for the City of Rancho Mirage. Her CV is included below.
CERENE ST. JOHN JD
Title: Attorney (Subcontractor)
Education: B.A. in Political Science from California State University, San Bernardino (1977) J.D. Degree from The University of Santa Clara School of Law (1980).
Cerene St. John began her solid waste career as a Deputy City Attorney for the City and County of San Francisco. Assigned to the Special Projects Division, she led a team in the Chief Administrator’s Office to find a new landfill for the City when existing contracts were due to expire. She conducted a five-county negotiating effort that resulted in a contract and associated permits for the City’s use of the Altamont Landfill located in Alameda County beginning in 1983.
Ms. St. John then served for six years as the Solid Waste Program Manager for the City of Sunnyvale.
While there, she conducted a Request for Proposals (RFP) process for solid waste and collection services resulting in a new contract with a detailed scope of work and performance standards. She conducted an RFP process for long-term landfill capacity for the City of Sunnyvale and 4 other cities resulting in a 30- year contract with the Kirby Canyon Landfill owned and operated by Waste Management. She also initiated work on the design and construction of the City-owned SMaRT Station, a transfer station/MRF that began operation in 1993.
Ms. St. John joined EcoNomics in 1990 and served as Vice President through June 2008. She now serves as outside legal counsel to many of EcoNomics’ clients through the Law Office of Cerene St. John. She specializes in conducting procurements for solid waste and recycling collection services. She also assists cities and counties with negotiations for these services and with contract amendments, ordinance revisions, and review of proposed legislation.
As a former City Attorney and an active member of the State Bar of California, Ms. St. John prepares draft contract amendments, draft contracts, and RFP language for review by City Attorneys. Ms. St. John writes precise and thorough scopes of work for diversion programs and crafts contracts that protect the interest of the jurisdiction and its ratepayers. She serves as a “bridge” between the technical requirements in these contracts and the legal language needed to enforce them. This generally saves our client's time and expense, as the City Attorney can senior review her work rather than spending time crafting the legal language, and the technical scope of work for the contract.
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation Ms. St. John’s unique understanding of the legal underpinnings of the RFP process, the political and financial realities of cities, and her experience in negotiations with the solid waste industry allow her to create procurement processes and negotiations for contract amendments that are fair, public, and that anticipate potential pitfalls so problems can be avoided.
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation SECTION IV. SCOPE OF WORK –
PREPARATION OF SOLID WASTE &
RECYCLING SERVICES REQUEST FOR
PROPOSALS
TASK 1. DETERMINE ANY CHANGES TO DRAFT AGREEMENT
During the negotiation process for a new solid waste and recycling agreement between the City of San Marino and Athens Services, a new solid waste and recycling agreement was drafted. This new agreement will be included in the request for proposals for potential proposers to review prior to submitting a proposal. Before preparation of the request for proposals, EcoNomics would like to meet with City staff to determine if any programs should be added to, revised or removed from the new agreement.
EcoNomics will coordinate closely with City staff and the City Attorney’s Office to develop a workplan and procurement strategy that includes the following timelines for key deliverables:
• Key meetings between City and consultant
• Development of a Procurement Process Protocol to maintain the integrity and fairness of the RFP process
• Completion of internal drafts of RFP
• City review of draft RFP
• City Council approval and subsequent release of RFP
• Advertisement of RFP release and mandatory Pre-Proposal conference • Written hauler question and answer (Q&A) period
• Timing for City response to Q&A
• Due date for haulers’ proposals
• Evaluation period
• Proposers’ interviews
• Development of staff recommendations for presentation to City Council • Contract finalization and award
• Transition
• Roll-out
• Effective date
TASK 2: DRAFT RFP AND PROPOSAL FORMS
TASK 2A: DEVELOP RFP BACKGROUND INFORMATION
EcoNomics will compile existing and additional data from the information gathered during the contract negotiations process between the City and Athens Services. This baseline data will provide the proposers with a clear understanding of the current level of services being provided including the existing routes, number of drivers and customers, and the quantities of solid waste and recyclable materials currently PAGE 58 of 257
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation being collected. The levels of diversion being achieved within the City will also be included. All relevant information will be compiled and included in the background information section of the RFP document.
TASK 2B: DEVELOP TECHNICAL AND FINANCIAL REQUIREMENTS FOR RFP EcoNomics will write summaries of the technical requirements and financial arrangements to be included in the RFP document. The technical section contains specifics on contract term, an overview of the services required, and an explanation of how the proposal forms are to be filled out with regards to rates, equipment, compliance programs requested by the City, and personnel. The financial section includes a description of compensation to Contractor (hauler), liquidated damages, costs, rates, as well as bond, insurance, and guaranty requirements.
TASK 2C: WRITE PROPOSAL FORMS
Economics will prepare the proposal forms that are included in the RFP. Our process includes over 20 proposal forms that are used to obtain detailed proposer responses. The use of standardized proposal forms will facilitate comparison of all proposals on an “apples to apples” basis. Proposers will be provided with electronic versions of the forms so they can be filled in and submitted to the City in both electronic and hard copy formats. The proposal forms may include specific forms for how the proposer may include technological innovation in its operations and how any operational efficiencies would be shared with the rate payer. A detailed rate sheet will also be included in the proposal forms that will clearly articulate the desired rate incentive and break out the various rate elements, including collection, processing, disposal, and fuel. The rate sheet will also provide material sales elements for diversion services such as recyclables and organics recycling that will allow each proposer to indicate how much revenue from the sale of recyclables, compost, and/or renewable fuel will be shared with the rate payer in the form of reduced rates.
TASK 2D: COMPILE AND PREPARE RFP FOR RELEASE
EcoNomics will prepare the Request for Proposals (RFP) document. The format is well developed and consists of the following sections:
• Introduction and Schedule
• Background Data and Submittal Requirements
• Technical Requirements
• Financial Arrangements
• Proposal Requirements and Evaluation Criteria
• Proposal Forms
• Draft Contract
This listing may be tailored to better meet the needs of the City and its RFP process.
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation TASK 3: MANAGE RFP PROCESS
TASK 3A: PREPARE LIST OF POTENTIAL PROPOSERS
EcoNomics will assist staff in identifying potential proposers who would be qualified to submit a proposal.
EcoNomics recommends that the bid be published on Planet Bids and in industry publications to avoid bid protests from the hauling community. Following the City Council’s approval of the final RFP, EcoNomics shall work with City staff to finalize the list of potential proposers to be contacted.
TASK 3B: ASSIST WITH PRESENTING RFP PACKAGE & PROCESS PROTOCOL TO CITY COUNCIL For this task, EcoNomics will work with staff to develop a staff report and presentation for City Council to highlight key components of the RFP and contract. Additionally, EcoNomics will assist in the development of a process protocol.
The purpose of a process protocol is to avoid a late-night council meeting where the selection process collapses, and all haulers are “bidding from the podium.” Our experience with past procurement projects has shown that the most successful and smooth processes result from a City Council adoption of, and adherence to, some type of pre-arranged method by which informal direct contact with Council members is redirected towards a more structured interchange. Adoption of a protocol allows a fair and open process that is resistant to being criticized by factions claiming “back room deals” or favoritism. Further, it streamlines the process and prevents disinformation or a slowing down of the schedule with negative budget impacts.
A key part of any process protocol is to require that any proposer's questions be written (submitted by email) and recorded in a Question and Answer Log. Once EcoNomics and City staff prepare the answers, all proposers will receive copies of the Question and Answer Log. The first set of questions and answers from the log will be emailed to proposers following the Mandatory Pre-Proposal Meeting. The final log will be released several weeks before the proposals are due and after the cut-off date for questions from proposers.
TASK 3C: ASSIST WITH PRE-PROPOSAL MEETING AND PREPARE RFP ADDENDA EcoNomics will assist staff in preparation for, and attendance at, a Mandatory Pre-Proposal Conference to review the key requirements of the new agreement and the RFP process with the potential proposers.
Proposers intending to submit a proposal must attend the Mandatory Pre-Proposal Conference to submit a proposal to the City. Upon review of the observations and questions received from participants in the workshop, EcoNomics will assist the City in evaluating the haulers’ questions with respect to the content of the RFP. If portions of the RFP or new agreement need to be clarified based upon hauler input, EcoNomics will prepare clarifications for issuance as an addendum to the RFP.
TASK 3D: DISTRIBUTE RFP AND RESPOND TO HAULERS’ QUESTIONS As the City receives questions from proposers (including questions raised at the Pre-Proposal Conference), EcoNomics will assist staff in the preparation of responses. A Q&A Log containing all questions received about the RFP and the City’s responses will be maintained at the City offices. Copies of the Q&A Log will also be issued with each Addendum to the RFP and maintained at the City offices.
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation TASK 4: EVALUATE PROPOSALS
TASK 4A: PREPARE TECHNICAL ANALYSIS OF PROPOSERS
EcoNomics will assist staff in reviewing and evaluating the proposals received. The use of standardized proposal forms will facilitate comparison of all proposals on an “apples to apples” basis. EcoNomics will first evaluate all submitted proposals to ensure the proposals meet with minimum criteria of ‘responsiveness’ which includes completion of all required proposal forms. EcoNomics will evaluate each proposer to ensure that the submitted proposal includes all services, personnel and capital equipment necessary to perform the requirements in the agreement. Further review of the proposals will evaluate each proposer’s rates in light of the proposer’s submitted proposal to ensure the rates and the services included in the proposal are aligned.
TASK 4B: PREPARE AND ANALYZE PROPOSERS’ COMPARISON DATA The RFP will include proposal forms to include costs and information for proposed vehicles and containers (carts and bins), as well as the number and allocation of personnel across categories including management positions, drivers, customer service, etc. The data on the submitted proposal forms will be included on comparison spreadsheets to compare each proposer’s data with the other proposers’ data.
This evaluation will compare costs for vehicles and containers, number of containers by sector and size, number of vehicles by sector, and the number of personnel by category and across categories. The evaluation will further examine whether the costs are within market range, and whether the numbers of vehicles, containers and personnel are sufficient to accomplish the requirements included in the agreement.
TASK 4C: ANALYZE PROPOSERS’ FINANCIAL CAPABILITY AND STRENGTH TO PERFORM
AGREEMENT
Financial data will also be analyzed to ensure that each proposer is financially sound, including evaluation of financing capacity and strength, evidence that financing requirements will be fulfilled, financial strength and stability to guarantee performance of the agreement, demonstrated capacity to handle risk factors in the agreement, and demonstrated ability to accurately estimate collection and diversion program costs and results.
TASK 4D: ANALYZE PROPOSERS’ CONTRACT EXCEPTIONS AND POTENTIAL IMPACT ON
AGREEMENT
The RFP will include a proposal form for contract exceptions, as well as the City’s new contractfor recycling and solid waste services. Each proposer is required to fill out the contract exceptions proposal form and note all exceptions to the new contract which is included in the RFP packet. The contract exceptions taken by the proposers are identified during the review of the proposals and factored into the evaluation process. Each proposer’s contract exceptions are categorized as to whether the contract exception is to whether it would have a major or minor impact on the City’s ability to enforce the contract. This process allows for the contract to be fully reviewed and analyzed by the proposers, and for each proposer’s contract exceptions to be fully reviewed and analyzed by the City. Further, this process prevents the need for negotiations between the selected proposer and the City.
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation TASK 4E: ANALYZE PROPOSERS’ RATES IN RELATION TO AGREEMENT REQUIREMENTS The RFP includes a very detailed proposal form for the proposers to complete in relation to rates. The detailed rate sheet will clearly articulate the desired rate incentive and break out the various rate elements, including collection, processing, disposal, and fuel. The rate sheet will also provide material sales elements for diversion services such as recycling and organics recycling that will allow each proposer to indicate how much revenue from the sale of recyclables, compost, and/or renewable fuel will be shared with the rate payer in the form of reduced rates. EcoNomics will develop a projection that shows the total annual rate revenue for each proposal received that will allow the City to evaluate the aggregate total cost to ratepayers of each proposal. This projection will also allow the City to evaluate various scenarios to understand how these scenarios impact total rate revenue. Scenarios that may be modeled using this tool may include disposal decreases due to a full SB 1383 compliance, the mass commercial and multifamily adoption of diversion programs that have lower cost structures, the costs of activating innovative sustainability programs over time, etc.
TASK 4F: DEVELOP PROPOSERS’ QUESTION SETS AND EVALUATE PROPOSERS’ RESPONSES During the review and evaluation of the submitted proposals, City staff and EcoNomics will develop questions for each proposer based on the submitted proposal. The questions may be related to clarifying information or data submitted, inconsistencies in information or data submitted, missing data or information, etc. The questions for each proposer will be different as the questions are based specifically on each proposer’s submitted proposal. EcoNomics will prepare the initial question set for each proposer and review and evaluate each proposer’s responses with City staff. Additional question sets are usually necessary as additional questions come up as City staff and EcoNomics further evaluate the submitted proposals.
TASK 4G: DEVELOP PROPOSERS’ INTERVIEW QUESTIONS AND ATTEND INTERVIEWS EcoNomics will develop the proposers’ interview questions and attend the proposers’ interviews. There will be a base set of questions that will be the same for all the proposers’ interviews. There will also be questions included for each proposer’s interview that will be specific to that proposer based on the submitted proposals and the responses to the question sets discussed above in Task 4F.
TASK 5: CONTRACT AWARD
TASK 5A: PREPARATION OF FINAL CONTRACT
It is expected that during the procurement process various issues and conditions will present themselves that will require discussion and strategic input. EcoNomics will provide support to staff as these issues arise and will assist staff in maintaining an orderly, pro-active and productive procurement process.
EcoNomics will assist City staff and the City Attorney in preparing the final contract for signature by the selected vendor prior to award of the contract by the City Council.
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation TASK 5B: ADDITIONAL RESEARCH
Any additional research on proposers’ qualifications, experience, financial condition or other issues will be performed under this task at the direction of the City.
TASK 5C: PREPARE PROPOSERS’ EVALUATION REPORT
EcoNomics will prepare a detailed evaluation report for submittal to the City based on the submitted proposals. The proposals will be evaluated for responsiveness to the RFP, as well as the following evaluation criteria:
• Organization & Experience of Project Team References
• Pending Litigation and Assessment of Liquidated Damages • Agreement Exceptions
• Technical Capability: Collection Operations
• Special Collection Services
• Technical Capability: Processing & Marketing of Divertible Materials • Customer Service
• Public Education and Outreach
• Start-Up & Implementation Plan
• Reporting
• Environmental Responsibility
• Financial Capability
• Customized Local Approach
• Diversion Strategy
• Rates & Cost Evaluation
• Procedural Compliance
• AB 1669 Employment Offers to Incumbent’s Employees
TASK 5D: CONTRACT AWARD AND STAFF REPORT SUPPORT
EcoNomics will assist City staff in preparing and presenting a written report to the City Council recommending award of the contract to the successful vendor. If needed, a PowerPoint presentation on the key features of the new contract will be prepared.
TASK 6: MEETINGS WITH CITY STAFF AND CITY ATTORNEY
Meetings will be held to coordinate review of key documents, discuss evaluation process, review technical information from the proposals, coordinate selection process, review question and answer processes, prepare for selection recommendation, receive policy direction from the City, among other topics.
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation SECTION V. SCOPE OF WORK – SB 1383
IMPLEMENTATION SERVICES
TASK 1: CALRECYCLE CONFERENCE CALL AND ANNUAL VISIT
EcoNomics is familiar with the CalRecycle Local Assistance and Market Development (LAMD) representatives and how data gathered during the site visits and conference calls is used to assess a jurisdiction’s compliance. EcoNomics assisted the City in 2023 with its site visit and conference call and is currently working with the City’s LAMD CalRecycle representative this year. The City is likely going to be facing discussions with CalRecycle’s Jurisdiction and Agency Compliance and Enforcement (JACE) on its compliance status. EcoNomics has worked with other jurisdictions who were placed on compliance orders and needed plans to be designed and implemented so that the jurisdiction avoided fines. Depending on CalRecycle’s next discussion(s) with the City we can assist the City with JACE response as needed.
For the upcoming LAMD site visit, EcoNomics will facilitate tours of the City of San Marino residential and commercial sectors as needed for CalRecycle’s annual site visit in January 2025.
For reference, in addition to assisting the City of San Marino with its CalRecycle Conference Call and Site Visit, EcoNomics is currently also assisting the Cities of Laguna Hills, Laguna Niguel, Lake Forest, Santa Ana, Tustin, Mission Viejo and Anaheim.
TASK 2: CALRECYCLE EAR AND FORM 303
CalRecycle requires the submittal of an Electronic Annual Report (EAR) and Form 303 and arranges jurisdiction site visits for verification and inspection purposes on an annual basis. The tasks below describe the services that EcoNomics will provide to assist staff in meeting their mandated reporting duties. In addition to the EAR, if the City is issued a CalRecycle Compliance Order and a Compliance Plan, EcoNomics will assist the City in carrying out the Plan as well as reporting on the City’s progress and implementation steps included in the Plan that will be monitored by JACE representatives.
In addition to the City of San Marino’s EAR submittal for calendar year 2023, EcoNomics assisted the following seven cities with gathering data for and/or drafting the Electronic Annual Report (EAR) to CalRecycle: Anaheim, Buena Park, Laguna Niguel, Lake Forest, Laguna Hills, Mission Viejo, and Tustin. The annual reporting process is an important opportunity for the City to showcase its diversion programs and to demonstrate its compliance with state diversion mandates.
As part of its preparation of the annual report, EcoNomics takes the following actions and gathers the following data points to provide CalRecycle a holistic picture of the City’s diversion programs. EcoNomics will focus its efforts on AB 341, AB 1826, and SB 1383 compliance reporting assistance vis-à-vis the annual report.
• Analysis of SB 1383 compliance rate
• Narrative summary of all outreach efforts conducted to increase compliance • Contact the hauler and review City records to obtain information on outreach used to inform residents and businesses of recycling programs
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation • Coordination with local food banks to determine the weight of edible materials donated Over the last decade, EcoNomics has established a database and a preparation schedule for assembling the necessary information for submittal of CalRecycle’s required Electronic Annual Report (EAR). As part of the procedure, a diverse set of tonnage data is collected and verified. This comprehensive database leads to a thorough annual report that provides CalRecycle with a clear narrative that strongly demonstrates the City’s compliance with diversion mandates.
TASK 3: CALRECYCLE IMPLEMENTATION RECORD
Cities must maintain all records required by the SB 1383 regulation in an Implementation Record (14 CCR Section 18995.2). In preparation for the City’s CalRecycle Conference Call on December 9, 2024, EcoNomics worked with City staff to gather the existing documentation of the current incomplete implementation. The Implementation Record will be expanded in tandem with any compliance actions as directed by CalRecycle’s JACE division.
Going forward in 2025, a full SB 1383 Implementation Record will be compiled and maintained by including all the protocols and processes listed in this proposal, such as, all necessary documentation related to waiver protocols, waiver processing, enforcement protocols, self-haul program, C&D program, and all City documents and data generated in 2025 and applicable to the Implementation Record.
For reference, EcoNomics has assisted and/or currently assists with gathering data, compilation and maintenance of the Implementation Records for the Cities of Laguna Niguel, Lake Forest, Laguna Hills, Santa Ana, Anaheim, Mission Viejo and Tustin.
TASK 4: SB 1383 ENFORCEMENT PROTOCOL DEVELOPMENT
The City adopted an SB 1383-aligned mandatory participation ordinance. The ordinance requires all generators to subscribe to organics recycling programs. EcoNomics will assist the City in developing a standard operating procedure (SOP) for the fair and equitable enforcement of the City’s ordinance. The SOP will include the following components:
• Process and template field sheet for initial site assessment • Process for assessing compliance
• Process for gathering evidentiary documentation that could be used if the citation is appealed
• Process for issuing and monitoring a notice of violation • Process for issuing first, second, third, and subsequent citations • Process for evaluating a non-compliant account referred by a franchise hauler • Process for evaluating the compliance of an internal diversion program TASK 5: SB 1383 WAIVER PROTOCOL DEVELOPMENT
CalRecycle and the City’s Municipal Code require all commercial businesses to process three trash and recycling streams: trash, recyclables and organics. CalRecycle allows for physical constraint waivers and de minimis waivers for the organics and recyclables streams. A business may be eligible for a physical constraint waiver if there is not enough space for an organics or recyclables cart or bin, and a business PAGE 65 of 257
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation may be eligible for a de minimis waiver if the business produces a very little amount of organics and/or recyclables material as specified by CalRecycle standards. EcoNomics will assist the City with the development of SB 1383 protocols for de minimis and physical space constraint organics waivers and for de minimis and physical space constraint recyclables waivers.
EcoNomics has assisted and/or currently assists with waiver protocol development and waiver processing for the Cities of Newport Beach, Laguna Hills, Santa Ana, Lake Forest and Laguna Niguel.
TASK 6: SELF-HAUL PROGRAM DEVELOPMENT
EcoNomics is aware that businesses in the City may have existing informal internal recycling programs that may consist of a ‘third-party’ hauler such as landscapers and self-hauling contractors or recyclers.
Provided these informal recycling programs are not receiving payment from the generator for collection service, these activities are protected by the State of California Supreme Court’s ‘Rancho Mirage’ ruling of 1994. Further, per SB 1383, informal recycling programs are an acceptable compliance pathway.
EcoNomics will assist the City in developing a self-haul verification program for landscapers, recyclers, and contractors. EcoNomics will work with City staff to augment the City’s current business license system to include self-haul verification for landscapers, recyclers and contractors self-hauling divertible materials to ensure that the divertible materials are brought to approved recycling/processing facilities. EcoNomics proposes that these types of programs be documented through self-reporting forms that are included with compliance notifications and subsequently verified through site visits. EcoNomics’ internal program verification process is approved by CalRecycle as an acceptable means to document SB 1383 compliant internal recycling/diversion programs.
A written protocol and process for self-haul verification will be developed including provision of the recycling/processing facility utilized by the self-hauler and quarterly provision of verifiable weight tickets to ensure the self-hauled materials are properly diverted. Public education for residential and commercial generators who utilize landscape service providers will be developed so that smaller landscapers will be included in the City’s outreach efforts. In addition, landscapers, recyclers and contractors who are licensed by the City will receive a packet of outreach material describing the SB 1383 requirements for self-haul that will be provided as part of the City’s granting of a business license. EcoNomics will also create internal program forms and notices of violation.
As the City receives self-reporting forms, EcoNomics will conduct verification site visits to confirm diversion programs are in place and, wherever feasible, photo-document any reported internal recycling programs as a means to record compliance with SB 1383 through non-hauler programs. As part of the onsite verification of internal recycling programs, EcoNomics will quantify the estimated weights diverted through these programs for inclusion in the City’s Electronic Annual Reports (EAR). This EAR reporting will provide to CalRecycle a formal documentation of compliance. Further, self-reporting forms distributed with a compliance notification letter will allow generators to indicate that they are sharing a recycling bin with their neighbor. This “shared-bin” compliance activity allows the identification of those smaller businesses that are complying with SB 1383 through informal arrangements.
EcoNomics has assisted or in the process of assisting the following cities with self-haul program development to align with CalRecycle requirements: Santa Ana, Laguna Hills, Tustin and Buena Park.
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation TASK 7: DEVELOP ENVIRONMENTALLY PREFERABLE PURCHASING POLICY (EPP)
SB 1383 requires the City to develop an Environmentally Preferable Purchasing (EPP) Policy. EPP is the procurement of goods and services that have less impact than competing products serving the same purpose. SB 1383 requires that jurisdictions consider environmentally preferable factors including goods that are repairable, durable, made with recycled content and can be recycled again.
EcoNomics will assist with updating the City’s procurement policy to incorporate the requirements of SB 1383 into City-wide purchases, including recycled-content requirements for custodial paper products mandated by AB 661. This process also includes assessing the City’s current paper procurement policy to determine if City is in compliance with 30% post-consumer content paper purchasing policy as well as assisting with implementation of an administrative policy and municipal code language to facilitate achievement of procurement requirements. A procurement tracking and reporting system will be developed to track the City’s purchasing in alignment with the EPP.
TASK 8: CALGREEN, C&D AND MWELO
EcoNomics will review the City’s municipal code related to CALGreen to determine if an update to current CALGreen requirements is necessary. If an update to the municipal code is required related to CALGreen, EcoNomics will assist in drafting the municipal code language.
CALGreen requires nearly all building projects to divert 65% or more of C&D waste away from landfills.
EcoNomics will review the City’s current processes and assist with enhancement of its current permitting and application processes to strengthen compliance incentives and non-compliance disincentives to comply with CALGreen. EcoNomics can provide technical assistance to enhance existing processes to ensure higher levels of compliance with CALGreen.
EcoNomics will assist the City with the following CALGreen implementation and compliance tasks on an as needed basis:
1. Develop an application that aligns with CALGreen requirements for completion by builders applying for permits for covered projects including an application fee
2. Development of an incentive system, such as a refundable compliance deposit or contingent project finalization, to ensure compliance with the 65% diversion requirement
3. Coordination with the building department to train staff on administration of CALGreen compliance requirements during permitting process
4. Review of waste reduction plans to assess feasibility on an ‘as needed’ basis
5. Review of disputed waste reduction plans to assess attainment of CALGreen diversion requirements and to verify if the recycling rate was achieved via review of weight tickets or facility audits
6. Assist City with the development of facility certification criteria and with the verification of criteria
7. Assist City with CalRecycle data requests regarding CALGreen
8. Analysis and aggregation of project data to determine overall compliance rate
9. Review and implementation of software programs to assist with CALGreen compliance tracking as applicable
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation
10. Assist City with developing enclosure standards aligned with CALGreen and SB 1383 to ensure compliance with 3-stream requirements
11. Other tasks, as needed
EcoNomics will review the City’s MWELO Ordinance and protocol and determine compliance status. If the Ordinance needs an amendment, EcoNomics will draft amendment language and assist with the amendment process as needed. If it is determined that the MWELO protocols need revisions to align with SB 1383 standards, EcoNomics will work with applicable City staff to revise the protocols to align with SB 1383.
TASK 9: PROCUREMENT OF RECYCLED ORGANICS CONTENT PRODUCTS (ROCP’S)
Based on the City’s 2020 population of approximately 12,961, the City is required to purchase over 1,037 tons of compost per year starting in 2025 (or an equivalent amount of energy or fuel products derived from organic materials). With passage of AB 1985, the City met its 2024 requirement of 674 tons of compost/mulch, which equates to 65% of its 1,037 tons procurement target. The procurement provision of SB 1383 has proven to be challenging to jurisdictions throughout the State. To this end, AB 2346 has been adopted and will allow additional procurement actions to count towards the City’s goal, including edible food recovery, on-site chipping of tree trimmings by the City’s contractors, investments to increase organics processing infrastructure, and community composting. EcoNomics will assist the City with interpretation of this law and identify pathways to implementing the requirements. We can also assist with assessing the feasibility of purchasing environmental attributes for electricity used by City Facilities to count towards the City’s procurement target via biomass credits. Additionally, EcoNomics will conduct the following actions to assist the City with SB 1383 procurement compliance on an as needed basis:
• Assist City with interpretation of SB 1383 ROCPs requirements • Conduct baseline inventory of current ROCPs purchased by the City and determine additional purchases needed to comply with annual procurement target • Analysis of City’s energy and gas use to determine ROCP credits from current energy usage • Analysis of hauler RNG usage to determine eligibility to count towards City’s ROCP target • Coordination with CalRecycle to ‘right-size’ procurement target if City cannot reasonably obtain ROCP target based on past procurement policies
• Assist City in processing amendments to contracts for ‘direct-service providers’ to require the application of mulch or compost products or to use RNG
• Assist in reporting procurement targets to CalRecycle • Assess feasibility and cost-efficacy of brokered option of purchasing compost for application outside of City limits
• Analysis of AB 2346 impacts on City’s procurement system • Identify SB 1383-procurement credit-eligible source of electricity for use by City facilities • Other procurement-related tasks, as needed
TASK 10: MONTHLY MEETINGS WITH CITY STAFF
EcoNomics recommends monthly progress meetings with the City. These meetings serve the following purposes: 1) provide updates and review contract deliverables and the work effort completed and in PAGE 68 of 257
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation progress; and 2) current City status with respect to satisfying each of its overall SB 1383 program requirements. After each meeting, EcoNomics will send a progress update with deliverables and timelines.
Before the monthly meetings, EcoNomics will create and provide an agenda and send it to the City to allow for adequate time to prepare for all agenda items. After any meeting, Economics will provide all parties with meeting notes and action items.
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation SECTION VI. COST PROPOSAL
STAFF HOURLY RATES
Name Position Hourly Rate
William O’Toole President $235
Cerene St. John JD Attorney $290
Trevor Blythe Vice President $195
Linda Furbee JD Director $165
Lisa Robles MS Director $165
Sara Aubery Manager $145
Ian Bevan MBA Coordinator $115
Valeria Ferrufino Coordinator $115
Clarisa Gomez Coordinator $115
Bella Sullins Coordinator $115
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation PROPOSED BUDGET – RFP PROCESS
Staff hours may be moved between tasks upon City approval.
O'Toole St. John Blythe Furbee
Robles Aubery Gomez
Task 1 2 8 2 4 16 $ 3,840.00 3%
Task 2A 2 2 12 2 2 20 $ 3,360.00 3%
Task 2B 2 3 6 8 2 21 $ 4,120.00 3%
Task 2C 2 4 6 8 20 $ 4,120.00 3%
Task 2D 2 5 2 8 2 2 21 $ 4,150.00 3%
8 12 16 36 6 4 82 $ 15,750.00 13%
Task 3A 4 2 2 4 12 $ 2,570.00 2%
Task 3B 6 4 2 16 4 32 $ 6,180.00 5%
Task 3C 6 8 4 10 28 $ 6,160.00 5%
Task 3D 4 10 4 15 4 37 $ 7,675.00 6%
10 18 8 25 4 65 $ 22,585.00 18%
Task 4A 8 4 10 15 5 4 46 $ 8,650.00 7%
Task 4B 2 6 4 10 5 27 $ 5,365.00 4%
Task 4C 2 4 8 14 $ 2,570.00 2%
Task 4D 4 16 4 12 36 $ 8,340.00 7%
Task 4E 8 2 18 8 8 44 $ 8,450.00 7%
Task 4F 4 10 8 15 6 43 $ 8,745.00 7%
Task 4G 9 9 9 9 36 $ 7,965.00 6%
37 47 57 77 24 4 246 $ 50,085.00 40%
Task 5A 2 16 2 6 26 $ 6,490.00 5%
Task 5B 2 2 4 4 2 2 16 $ 3,010.00 2%
Task 5C 8 14 12 20 5 4 63 $ 12,765.00 10%
Task 5D 4 2 4 16 4 30 $ 5,520.00 4%
16 34 22 46 11 6 135 $ 27,785.00 22%
Task 6 22 10 10 22 6 70 $ 14,340.00 11%
95 129 115 210 45 20
President
614
Percent of
Proposed
Budget
Coordinator
Hours Budget San Marino Solid Waste & Recycling RFP
Proposed Budget $235.00 $195.00 $165.00 $145.00 $115.00 Vice
President Attorney Director
$290.00
Manager
Prepare Proposals' Evaluation Report
Analyze Proposers' Contract Exceptions and Potential Impact on Contract Develop Proposers' Interview Questions and Attend Interviews Meetings with City staff and City Attorney, Update Schedule Task 3 Manage RFP Process Subtotal
Prepare Technical Analysis of Proposers to Verify Ability to Comply with, Provide for, and Meet Requirements of Contract Period
Preparation of Final Contract
Additional Research
Contract Award and Staff Report Support
Task 5 Award Subtotal
TOTAL PROJECT HOURS
Determine Any Changes to Draft Contract
Develop RFP Background Information
Write RFP Proposal Forms
Compile and Prepare RFP for Release
Task 2 Draft RFP Subtotal
Assist with Presenting RFP Package to Council, including Assistance with PowerPoint Presentation
Assist with Conducting Pre-Proposal Meeting and Prepare Written Responses of Any Subsequent RFP Addenda
Distribute RFP/Respond to Q&A From Hauling Community
Develop Technical and Financial Requirements of RFP
Task 4 Evaluate Proposals Subtotal
Analyze Proposers' Rates in Relation to the Contract Requirements Prepare List of Potential Proposers and Assist with Hauler Notification Develop Proposers' Questions Sets based on Proposals Submitted and Evaluate Proposers' Responses
Prepare and Analyze Proposers' Comparison Data
Analyze Proposers' Financial Capability and Strength to Perform Contract TOTAL RFP PROPOSAL BUDGET $22,325 $37,410 $22,425 $34,650 $6,525 $2,300 $125,635 PAGE 71 of 257
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation PROPOSED BUDGET – SB 1383 IMPLEMENTATION
Staff hours may be moved between tasks upon City approval.
President Attorney Vice
President Directors Manager Coordinator
O'Toole St. John Blythe Furbee
Robles Aubery
Ferrufino,
Gomez,
Sullins, Bevan
$235.00 $290.00 $195.00 $165.00 $145.00 $115.00
Task 1 8 16 12 36 $ 5,900.00 8%
Task 2 3 35 20 58 $ 8,780.00 12%
Task 3 10 20 30 $ 3,950.00 5%
Task 4 5 4 4 22 8 4 47 $ 8,365.00 11%
Task 5 2 2 30 8 4 46 $ 7,620.00 10%
Task 6 4 3 25 10 10 52 $ 8,250.00 11%
Task 7 20 4 24 $ 3,880.00 5%
Task 8 4 30 6 40 $ 6,980.00 10%
Task 9 14 20 8 42 $ 7,190.00 10%
Task 10 24 24 24 72 $ 12,360.00 17%
46 10 21 232 44 94
$10,810 $2,900 $4,095 $38,280 $6,380 $10,810
San Marino SB 1383 Implementation
Proposed Budget
CalRecycle Conference Call and Site Visit
CalRecycle EAR and Form 303
Hours Budget
Percent of
Proposed
Budget
Monthly Progress Meetings with City Staff & Preparation for Meetings TOTAL PROJECT HOURS 447
TOTAL SB 1383 IMPLEMENTATION PROPOSAL BUDGET $73,275.00 CalRecycle Implementation Record
Enforcement Protocol Development
SB 1383 Waiver Protocol Development
Self-Haul Program Development
Develop Environmentally Preferable Purchasing (EPP) Policy CALGreen & C&D and MWELO
Procurement of Recycled Organics Content Products (ROCPs) PAGE 72 of 257
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation PROPOSED BUDGET – TOTAL OF COMBINED BUDGETS
President Attorney Vice
President Directors Manager Coordinator
O'Toole St. John Blythe Furbee
Robles Aubery
Ferrufino,
Gomez,
Sullins, Bevan
$235.00 $290.00 $195.00 $165.00 $145.00 $115.00
141 139 136 442 89 114
$33,135 $40,310 $26,520 $72,930 $12,905 $13,110
GRANTED TOTAL PROJECT HOURS
FOR RFP & SB 1383 IMPLEMENTATION 1,061
TOTALS
GRAND TOTAL RFP & SB 1383 IMPLEMENTATION
PROPOSED BUDGET $198,910
San Marino Combined Proposed Budgets
for Solid Waste & Recycling RFP &
SB 1383 Implementation
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino’s Request for Proposals (RFP) & SB 1383 Implementation SECTION VII. REFERENCES
Name of Project
Manager Position Affiliation Contact Information Project Description Jessica Pulliam Deputy of Sustainability City of Rancho Mirage Address: 69-825 Highway 111
Telephone: 760.324.4511 x211
Email:
[email protected]
Negotiate with hauler for new collection contract that aligns with SB 1383 and other state diversion mandates; assist city in compliance with AB 939, AB 341, AB 1826; franchise
management; analysis of annual rate adjustment; diversion tonnage report analysis; CalRecycle annual report filing; develop and implement commercial and multi-family
recycling programs; recurring contract management
meetings with City and hauler.
Thomas Wheeler Director of Public Works City of Lake Forest Address: 100 Civic Center Dr
Telephone: 949.461.3481
Email: [email protected]
RFP for collection contract including diversion program design, writing of new contract, writing RFP; managing RFP process, proposal evaluation, contract award, contract
monitoring and management; Prop 218 notification
assistance for rate adjustments; design and rollout of AB 341 and AB 1826 and SB 1383 compliance programs
including commercial food scrap and edible food programs.
Hazel McIntosh Associate Engineer City of Mission Viejo Address: 200 Civic Center
Telephone: 949.470.8458
Email:
[email protected]
Assist City with CalRecycle compliance issues; assist with franchise revisions to require enhanced AB 341/AB 1826/SB 1383 performance and reporting requirements; draft
mandatory commercial ordinance; manage hauler contract; AB 341, AB 1826 and SB 1383 generator identification,
notification, and implementation; commercial and multifamily outreach and education; SB 1383 prgram management.
Stacey Cuevas Acting Assistant Director
of Public Works City of Tustin
Address: 300 Centennial Way
Telephone: 714.573.3037
Email: [email protected]
RFP for collection contract including diversion program design, writing of new contract, writing RFP; managing RFP process, proposal evaluation, contract award, contract
monitoring; assist city in compliance with AB 939, AB 341, AB 1826 and SB 1383; analysis of annual rate adjustment; develop and implement commercial, restaurant, and multifamily diversion programs; diversion tonnage report analysis; CalRecycle annual report filing; develop and
implement commercial and multi-family recycling
programs.
Dan DeBassio Deputy Public Works
Director City of Anaheim
Address: 400 E Vermont Ave
Telephone: 714.765.6875
Email:
[email protected]
Develop and implement commercial, restaurant, hotel, golf course, stadium and multi-family diversion programs; assist with franchise negotiations to align hauler contract with SB 1383; assist City with implementing SB 1383 Corrective
Action Plan to expand SB 1383 compliance to over 2000 noncompliant generators; assist city in compliance with AB 939, AB 341, AB 1826 and SB 1383; diversion tonnage report
analysis; CalRecycle annual report filing.
David Reynolds Deputy City Manager City of Laguna Hills Address: 25555 Alicia Parkway
Telephone: 949.707.2685
Email:
[email protected]
RFP for collection contract including diversion program design, writing of new contract, writing RFP; managing RFP process, proposal evaluation, contract award, contract
monitoring and management; Prop 218 notification
assistance for rate adjustments; design and rollout of AB 341 and AB 1826 and SB 1383 compliance programs for
commercial, multi-family and residential sectors and edible food programs; recurring meetings with City and hauler.
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Doc No. 2547482
AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF SAN MARINO AND ECONOMICS, INC.
THIS AMENDMENT NO. 2 TO THE AGREEMENT (“Amendment No. 2”) by and between the CITY OF SAN MARINO (“City”) and Economics, Inc., a California corporation (“Consultant”) is effective as of December 11, 2024. City and Consultant are collectively referred to as the “Parties.”
RECITALS
A. City and Consultant entered into that certain Agreement for Professional Services dated May 22, 2023 (“Original Agreement”) whereby Consultant agreed to provide those professional services specified in the Original Agreement.
B. City and Consultant entered into Amendment No. 1 to the Original Agreement between the City and Consultant dated October 11, 2023 to increase the compensation amount by $180,000 to a new compensation amount of $210,000
C. City and Consultant now desire to amend the Original Agreement, as amended by Amendment No. 1, in accordance with Section 16 of the Agreement to include an additional twelve months of service from January 1, 2025 to December 31, 2025.
TERMS
1. Contract Changes. The Original Agreement is amended as provided herein.
A. Section 2 of the Original Agreement is amended to read as follows:
2.0 Term
The term of this Agreement shall commence as of the Effective Date and shall continue through December 31, 2025 unless sooner terminated as provided in Section 5.0 of this Agreement.
2. Continuing Effect of Agreement. Except as amended by Amendment No. 1 and this Amendment No. 2, all provisions of the Original Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Original Agreement, as amended by Amendment No. 1 and Amendment No. 2.
3. Authority. The persons executing this Amendment No. 2 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No.2 does not violate any provision of any other agreement to which said party is bound.
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Doc No. 2453984
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 as of the date and year first hereinabove written.
City of San Marino Economics, Inc.
By:_____________________________ By:______________________________ Philippe Eskandar, Signature
City Manager
______________________________
Print Name and Title
Date:____________________________ Date: ____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ________________________________ Alison Walker Joe Montes
City Clerk City Attorney
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TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Amber Shah, Parks & Public Works Director/City Engineer DATE: February 28, 2025
SUBJECT: APPROVAL OF AMENDMENT NO. 1 TO THE MAINTENANCE
SERVICES AGREEMENT WITH MARIPOSA TREE
MANAGEMENT FOR PROFESSIONAL TREE MAINTENANCE
SERVICES IN THE AMOUNT OF $220,000 AND APPROVAL
OF A BUDGET AMENDMENT
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Fiscally Responsible and Transparent City Government
Safe Community
Well-Maintained Infrastructure
BACKGROUND
The City’s tree inventory consists of roughly 9,000 public trees. These trees are maintained by a tree management contractor, Mariposa Tree Management, who has contracted with the City for a number of years. As part of their routine contracted work, Mariposa performs a wide range of tree maintenance for all trees in the public right-of-way and City-owned facilities including tree pruning, crown raising, palm tree pruning, tree removals, stump removals, tree planting, root pruning, emergency call-outs for fallen trees and tree limbs, and updating the City’s tree inventory database. In 2022, the City entered into its most recent multi-year Maintenance Services Agreement with Mariposa Tree Management, which continues through 2027.
DISCUSSION
On January 7-8, 2025, a severe windstorm impacted the City, causing significant amounts of fallen trees and debris in the public right-of-way and Gretchen Shepherd Romey, Mayor
Tony Chou, Vice Mayor
Hunter Chang, Council Member
John Chou, Council Member
Calvin Lo, Council Member
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City-owned properties, including Lacy Park. As a result, the City utilized Mariposa to perform numerous tree removals during the event in order to clear fallen trees and large limbs from the roadways, sidewalks, and other areas that might compromise public safety or prevent residents from ingress/egress to their properties. In addition, the City arranged to have additional Mariposa crews supplement the City’s Public Works crews in order to help expedite the clearing of debris from City streets, a multi-week effort given the high volume of debris throughout the City. Mariposa also provided and utilized specific tree equipment the City does not own, including large lifts that could access broken hanging limbs that are high up in taller trees. Given this multi-week effort, which included after-hours work during the night of the storm, utilization of additional crews at prevailing wage rates, and specialty equipment rental, significant costs have been incurred. In total, Mariposa’s cleanup efforts amount to approximately $220,000 based on the most recent estimates provided to the City.
Given the significant costs incurred for emergency response as a result of the windstorm, the City will exceed its annual contracted amount for Mariposa’s services this fiscal year and would also be in jeopardy of exceeding the total contract value. As such, an Amendment to Mariposa’s existing agreement is recommended to increase the contract amount to cover these costs. This will enable the City to continue to utilize Mariposa for their regular tree maintenance services throughout the remainder of their contract. The total recommended amount for Amendment No.1 is $220,000. The amendment to the FY 2024-25 budget is included as part of the mid-year proposed amendments.
FISCAL IMPACT & PROCUREMENT REVIEW
The additional costs of $220,000 were incurred as a result of the Windstorm Incident and were not included in the current budget. The necessary budget amendment to cover the costs is included as part of the mid-year proposed amendments. These costs are tracked separately in account # 101-08-4376- 2025. Since these costs were incurred as a result of the windstorm, the City will seek reimbursement through FEMA and/or its insurance provider.
Approval of this Amendment No. 1 will increase the cumulative contract amount to $2,237,227.
Procurement review is not applicable.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
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RECOMMENDATION
Staff recommends the City Council approve Amendment No. 1 with Mariposa Tree Management, increasing the total contract amount to $2,237,227 and authorize the City Manager to execute the Amendment. If Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve Amendment No. 1 with Mariposa Tree Management, increasing the total contract amount to $2,237,227 and authorize the City Manager to execute the Amendment.”
ATTACHMENTS
1. Draft Amendment No. 1 with Mariposa
2. Original Maintenance Services Agreement with Mariposa, February 2022 PAGE 107 of 257
Doc No. 2547482
AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF SAN MARINO AND MARIPOSA TREE MANAGEMENT, INC.
THIS AMENDMENT NO. 1 TO THE AGREEMENT (“Amendment No. 1”) by and between the CITY OF SAN MARINO (“City”) and Mariposa Tree Management, Inc.
Contractor”) is effective as of February 28, 2025. City and Contractor are collectively referred to as the “Parties.”
RECITALS
A. City and Contractor entered into that certain Agreement for Maintenance Services dated February 25, 2022 (“Original Agreement”) whereby Contractor agreed to provide those services specified in the Original Agreement.
B. City and Contractor now desire to amend the Original Agreement C. City and Contractor now desire to amend the Original Agreement, in accordance with Section 9.10 of the Agreement to increase the compensation amount by an amount not-toexceed $220,000.
TERMS
1. Contract Changes. The Original Agreement is amended as provided herein.
A. Section 1.5 of the Original Agreement is amended to read as follows:
1.5 Compensation for Contractor’s Services
Compensation for the Services shall be a cumulative amount not-to-exceed $2,237,227 with progress payments
Exhibit C (Compensation) is revised in accordance with the attached Revised Exhibit C.
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Original Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Original Agreement, as amended by Amendment No. 1.
3. Authority. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
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Doc No. 2453984
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 as of the date and year first hereinabove written.
City of San Marino Mariposa Tree Management, Inc.
By:_____________________________ By:______________________________ Philippe Eskandar Signature
City Manager
______________________________
Print Name and Title
Date:____________________________ Date: ____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ________________________________ Alison Walker Joe Montes
City Clerk City Attorney
PAGE 109 of 257
REVISED EXHIBIT “C”
COMPENSATION
Compensation is as follows:
ESTIMATED 7-YEAR CONTRACT VALUE
Contract Year Contract Value
Year 1 (FY 2021-22) $229,195 (partial work bid at unit price) Year 2 (FY 2022-23) $414,845 (Year 1 full bid)
Year 3 (FY 2023-24) $435,587 (Year 2 contract value + 5%) Year 4 (FY 2024-25) $677,366 (Year 3 contract value + 5%, plus value of Amendment No.1)
Year 5 (FY 2025-26) $480,234 (Year 4 contract value excluding Amendment No.1, plus 5%) (contingent on
appropriation)
Year 6 Extension (FY 2026-27) $504,246 (Year 5 contract value + 5%) (contingent on appropriation)
Year 7 Extension (FY 2027-28) $529,458 (Year 6 contract value + 5%) (contingent on appropriation)
Estimated 5-Year Contract Value (no
extensions)
$2,237,227
Estimated 7-Year Contract Value including
extensions
$3,270,931
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TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Nicole Tibbet, Community Engagement Manager
Amber Shah, Parks & Public Works Director/City Engineer DATE: February 28, 2025
SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT
WITH WESTERN AUDIO VISUAL FOR THE INSTALLATION
AND 5 YEAR MAINTENANCE CONTRACT FOR AUDIOVISUAL SYSTEM IMPROVEMENTS FOR CITY COUNCIL
CHAMBERS AND INSTALLATION OF CAMERAS FOR
PUBLIC MEETING RECORDING AT THE SAN MARINO
COMMUNITY CENTER IN THE AMOUNT OF $110,139.11
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Engaged and Connected Residents
Fiscally Responsible and Transparent City Government
Inviting and Relevant City Facilities
BACKGROUND
The City of San Marino strives to deliver a high level of transparency in operations to the residents it serves. A critical piece to that transparency is the conducting of City Council and Advisory Body meetings in the City Hall Council Chambers. These meetings rely on an operational and dependable Audio-Visual (AV) system to provide the public with audio and visual access to the meeting in-person and provide audio and visual access to people watching recordings of the meetings after they are conducted.
The AV system in Council Chambers has become increasingly unreliable in the past couple of years. Different pieces of it have broken or developed operational problems as the system has aged well beyond its useful limits. In Gretchen Shepherd Romey, Mayor
Tony Chou, Vice Mayor
Hunter Chang, Council Member
John Chou, Council Member
Calvin Lo, Council Member
PAGE 153 of 257
research, staff has been unable to find records for the purchase of any new additions or maintenance of the system in the past 10 years. Additionally, AV companies are typically unable to service systems they did not install, so staff has been unable to replace any piece of equipment malfunctioning without a full system replacement. As such, the FY 2024-25 budget included a CIP budget request to upgrade the AV system in Council Chambers in order to ensure the continuity of transparent and well-facilitated public meetings. The City Council approved this proposal in the FY 2024-25 Budget.
The San Marino Community Center underwent significant renovations beginning in 2022, and was substantially complete in September 2023. As a result of the renovation, the building has become a great option for community meetings that require a larger meeting space than Council Chambers will allow. Although the building was equipped with excellent sound and projection capabilities, a camera system that would allow for recording of community meetings was not included as part of the original project scope. With the renovation project completed within budget and contingency money remaining, additional improvements that could be made were identified after the building’s grand opening and the community began utilizing the new spaces. In particular, there were two community meetings held in April 2024 for the Mission Street Beautification Project and the Housing Element that would have benefited from the ability of being able to provide remote access to community members and a recording of the meetings available for viewing afterwards. Therefore, staff presented potential uses of the remaining contingency funds to the Council on May 31, 2024, and was directed to use some of the remaining funds to install a camera system in the main multipurpose room (MPR 1) for community use.
In order to facilitate the installation of a system that was using identical equipment, and save money by using the same labor force, the Council Chamber AV improvements and the San Marino Community Center camera installation were placed in a Request for Proposals (RFP) bid opportunity together.
DISCUSSION
Staff utilized the City’s procurement platform, OpenGov, to publish the joint RFP for Council Chambers AV and San Marino Community Center cameras on September 4, 2024. The RFP called for proposals to install 2-3 cameras in MPR 1 at the San Marino Community Center and installation of updated AV equipment to fix the control panel and audio issues that continue occurring in Council Chambers while using as much existing equipment as possible to save the City money on the project.
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A pre-proposal conference meeting was held on September 19, 2024, with five (5) companies attending. Of those companies, 3 companies submitted proposals, however, only 2 were considered fully responsive proposals after reviewing the required submitted materials.
Staff interviewed both proposal groups, after reviewing the submitted proposals and reviewing the notes from the interviews, staff concluded that Western AV had the better all-around proposal. The following is a summary of their proposals:
WesternAV EIDIM
Cost for the full
project
(equipment and
installation labor)
$95,579.11 $166,375.41
Warranty and
Maintenance
$2,912 per year
(includes a company
history of no city being
serviced ever having to
miss a meeting due to
AV issues)
$3,327.50
(included lowest level
response time, faster
response time
increased from this
price)
Experience in Similar
Projects
Yes Yes
Staff from Parks & Public Works and City Manager’s Office concurred that due to price, experience, and maintenance scheduling, WesternAV was the overall better submission. The warranty and maintenance is an important component of a new AV system as it will take time to work out any initial issues with set up and the protection of such a large investment is critical to ensure longevity of its use. WesternAV has stated that their warranty includes the ability to try to first repair equipment to full use before recommending full replacement as an extra cost-saving measure in this contract. Staff recommends the Council award and approve the installation and 5-year maintenance contract with WesternAV for audio-visual system improvements for City Council chambers and the installation of cameras for public meeting recording at the San Marino Community Center.
FISCAL IMPACT & PROCUREMENT REVIEW
This project followed the city’s procurement policy through solicitation of proposals through a formal bidding process.
The City Council Chamber AV project was included in the FY 2024-25 CIP budget for up to $150,000 in account #591-11-4613-0565. The proposed PAGE 155 of 257
project from WesternAV will have a fiscal impact $68,499.41 for installation and the first year of maintenance. Additional years of warranty and service will have a $2,912.00 impact to the IT budget.
The San Marino Community Center project through WesternAV will have a fiscal impact of $29,991.70. This project was approved to come out of the CIP allocation for the full San Marino Community Center budget in account #394- 40-4600-1000.
The combined projects and 5 years of warranty and maintenance has a fiscal impact of $110,139.11.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends the Council award and approve the installation and 5-year maintenance contract with WesternAV for audio-visual system improvements for City Council chambers and installation of cameras for public meeting recording at the San Marino Community Center. If the Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the Professional Services Agreement with Western Audio Visual for the installation and 5-year maintenance contract for audio-visual improvements for City Council chambers and installation of cameras for public meeting recording at the San Marino Community Center in the amount of $110,139.11.”
ATTACHMENTS
1. Professional Services Agreement with Western Audio Visual
2. Proposal Received from EIDIM Group Inc.
PAGE 156 of 257
PROFESSIONAL SERVICES AGREEMENT
between
The City of San Marino
2200 Huntington Drive
San Marino, CA 91108
&
Western Audio Visual
1592 N. Batavia St. Suite 2
Orange, CA 92867
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PAGE 157 of 257
This Professional Service Agreement (“the Agreement”) is made as of March 3, 2025 (the “Effective Date”), by and between Western Audio Visual (“Consultant”), and the City of San Marino (“City”), a California municipal corporation, (collectively, “the Parties”).
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 March 3, 2030 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 $110,139.11. 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.
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4.0 Method of Payment
4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant all undisputed charges within 30 days of receiving Consultant’s invoice.
City will not withhold any applicable federal or state payroll and other required taxes, or other required or authorized deductions from payments made to Consultant.
4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s agents or representatives to inspect at Consultant’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City’s rights under this Section 4.2 shall survive for two years following the expiration or earlier termination of this Agreement.
5.0 Termination
5.1. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least thirty (30) calendar days before the termination is to be effective.
5.2. Consultant may terminate this Agreement for cause in the event City fails to cure a default under this Agreement within thirty (30) days after Consultant has given City notice of such default.
5.3. Upon termination of this Agreement, Consultant shall cease all work under this Agreement and deliver to City all materials, reports, documents, notes or other written materials compiled through the last working day this Agreement is in effect. City shall pay Consultant for all services satisfactorily rendered through the last working day this Agreement is in effect; provided that in no event, including but not limited to termination, shall Consultant be entitled to receive more than the maximum compensation set forth in Section 3. Neither party shall have any other claim against the other party by reason of termination pursuant to this Section 5.0.
6.0 Reports, Information, and Work Product
6.1. Consultant shall deliver to City: (1) any reports on the status of the Services upon City’s request and in such time and in such form as City may require; and (2) all material furnished to Consultant by City upon City’s request and/or upon the expiration or termination of this Agreement.
6.2. Unless the Parties agree in writing, all draft and final reports, documents, and other written material, and any and all images, ideas, concepts, designs including without limitation any website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Consultant in the performance of this Agreement (collectively, “Work Product”) shall be considered to be 3 of 30
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“works made for hire” for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made. 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. Hailey Schellin is Consultant’s representative for purposes of this Agreement.
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8.0 Notices
8.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:
To City: City of San Marino
2200 Huntington Drive
San Marino, California 91108
Attn: City Manager
To Consultant: Western Audio Visual
1592 N. Batavia St. Suite 2
Orange, CA 92867
Attn: Hailey Schellin
8.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
9.0 Independent Consultant
9.1. Consultant is an independent contractor and not an employee of City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
9.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from Consultant’s personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. All duties of Consultant under this Section
9.2 shall survive termination of this Agreement.
9.3. In the event that Consultant provides any of the Services by or through any employee or any person whose work under this Agreement becomes cause for any payment or contribution required by law, including but not limited to the California Public Employees' Pension Reform Act (PEPRA), to the Public Employee Retirement System, 5 of 30
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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 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 6 of 30
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owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
12.4 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.
12.5 Cyber technology errors and omissions insurance. Consultant shall procure and maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 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.
Other provisions or requirements
12.6. 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 7 of 30
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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.
12.7 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.
12.8 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.
12.9 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.
12.10 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.
12.11 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.
12.12 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. 8 of 30
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12.13 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.
12.14 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.
12.15 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.
12.16 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.
12.17 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.
12.18 Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the Agency, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s 9 of 30
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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.
12.19 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.
12.20 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.
12.21 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.
12.22 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.
Indemnification, Hold Harmless, and Duty to Defend
12.23 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 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, 10 of 30
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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.
12.24 Consultant must obtain executed indemnity agreements with provisions identical to those in Section 13.1 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 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. 11 of 30
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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 such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, governmental restrictions, governmental regulations, governmental controls, judicial 12 of 30
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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 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. 13 of 30
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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. 14 of 30
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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)
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Exhibit A
Scope of Services
See next page
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Western AV will procure and install all equipment listed in the fee detail attachment (Exhibit B) using the following approach.
Western AV will also provide 5 years of Extended Warranty and Maintenance on the equipment and system installed.
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Proposed Approach
Our approach starts with hiring the most qualified people. Your Project Manager, Shelby Toal, is one of only two in Southern California that has the prestigious PMP Certification. He is also a 20-year veteran of the Audio Visual Industry. Our Lead Design Engineer, Erik Wilson, has the most proven experience with Boardroom and Council Chamber projects, and their correlating overflow spaces. Western A/V & Security (WAVS) has become very familiar and understands that each Municipality project has unique needs. Erik has become recognized as the “go to” Engineer for Consultants and Suppliers in the niche world of Municipality Boardroom style projects. His vast knowledge of the Signal Distribution Systems and Broadcast Systems are what set his skills apart.
In the design/build approach, our Sales Team (Rep. & Engineer) will sit down with the client to develop the clients’ wants and needs for each space. Once this is complete, our team develops a bill of materials and scope of work for each space. This is reviewed with the client to ensure that it meets all the requirements for the project. This applies to your project as well.
We start off all projects with a Kick-off meeting to ensure that all parties have reviewed the scope of work together. The better the Scope of Work, the better the project is executed. At this meeting we will provide the client with one point of contact at our company. Once a fully executed copy of a contract or a PO is delivered to WAVS, Shelby Toal will be the main point of contact for the City of San Marino. We like to provide our client with one point of contact to ensure that communication will flow at a swift pace.
Our team follows the steps in our System Milestone Schedule to ensure nothing is forgotten or left behind. Depending on the project needs, our Project Manager will be on-site to provide daily or weekly updates on the project.
Once we have completed the implementation and testing, there is another critical piece which is the training. Over the years we have found out that the best Training comes from the Engineer who worked with the client to design the system and implement the system. It eliminates all the questions of “Why” since both parties were part of the design, changes, deletions, adds, etc.
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Personnel Staffing Plan
When it comes to Municipality projects, our Project Manager (PMP), Shelby Toal, will put his best men forward on the job. Due to our experience and extensive resume in Municipality projects, WAVS understands the urgency and niche quality to these systems. Our Engineers & technicians truly enjoy working on Municipality projects, since we have become the experts in these systems.
If there is a change in management on the project, WAVS would contact the City of San Marino directly to let them know. We differ from other companies in the fact that we have two Project Managers that are aware of all ongoing projects.
Project Controls
Our 30 years of experience working with Cities, Counties, and Municipalities has given our company a competitive edge in this niche market. Our company has found that one major key in controlling our project costs for these projects starts with a well-defined scope of work.
We then have our Project Manager review that well-defined scope of work with the client in the kick-off meeting.
Our team utilizes real-time information on our server. So, if any changes are made on our Bill of Materials, Schedule, Drawings, Programming, Engineering, etc, everyone can see the exact changes in real time. The Project Management Software also alerts the team of these changes once they have occurred.
Our warehouse manager also updates the system with equipment and shipping updates, so our field supervisors have real-time status on every item in the system.
Our field team utilizes TAG Software, which helps provide daily tracking of progress on all areas of the project including off-site & on-site installation, drawings, and engineering. We can show you this software in an interview.
In regards to accurate and timely invoices, our Project Managers review and approve of all Billings before they are sent out, Tuesdays or Fridays.
All of our real-time information systems can be demonstrated or discussed in more thorough detail during an interview.
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In-Shop Assembly and Fabrication
Once a technician is hired at WAVS, the first thing they learn about is the importance of our in-shop assembly process. In fact, WAVS has a room dedicated to in-shop assembly. In this room, our technicians will build and wire racks prior to coming on-site. In addition, they can load and test code before bringing the racks and equipment on-site. This process is crucial and ensures that the on-site installation will go much smoother. Our technicians have a list of tests to perform before they can bring a rack to the jobsite. The Lead Technician will verify that his team has performed all of those tests required.
Our Project Managers hold monthly and private meetings with each one of our technicians. In these meetings, they can be randomly tested on WAVS in-shop assembly process.
At that time, they will also inform the Project Managers of any specific areas where they hope to improve. These private monthly meetings give our Project Managers insight into each Technicians’ individual strengths. Based on those individual strengths, he will put them in specific courses to receive accreditations & certifications in that specific field of knowledge.
Testing & Acceptance
Aside from all the good preparation needed on the front-end, one of the most critical elements will be testing.
Our technicians utilize a quality control checklist, to ensure that all new items of the system are working properly. Please see this checklist attached. The Lead Technician will always verify that his team has completed each item on their checklist.
In addition, our Project Manager will perform multiply quality audits throughout the installation of this project. Please see the quality audit form attached.
Upon final project walk through, the PM (Project Manager) or PE (Project Engineer) will provide final sign off on the quality control checklist.
Once the installation and testing phases are complete, training will be scheduled. 20 of 30
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QUALITY AUDIT
Project Title: Date Prepared:
Project Auditor: Audit Date:
Area Audited
Good Practices to Share
Areas for Improvement
Project Project processes Project documents
Product Product documents Product requirements
Approved change
implementation
Corrective or preventive
action implementation
Defect/deficiency repair
Quality Management
Plan
Organizational
policies
Organizational
procedures
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QUALITY AUDIT
Deficiencies or Defects
ID Defect Action Responsible Party Due Date
Comments
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Wiring & Terminations
Pass / Fail Lead Tech
Initials
PM/PE
Initials
- All video connections tested & functional
- All audio connections tested & functional
- All control connections tested & functional
- All Digital Media cabling tested & functional
- All data connections tested & functional
- Heat shrink used on cabling (where applicable)
- All wiring snake-skinned and zip tied
- Cables/terminations labeled correctly
Describe any issues below:
Testing (Manual Routing, Keypads or Remotes)
Pass / Fail Lead Tech
Initials
PM/PE
Initials
Presentation Sources:
- Dedicated PC
- Laptop Interface 1
- Laptop Interface 2
- Additional Laptop Interfaces?
- DVD / VHS
- CATV or Satellite TV
- DVR and audio recorder (recording VTC or local presentation) - Other
- Other
Describe any issues below:
WAV Quality Control Checklist
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Microphones:
Pass / Fail Lead Tech
Initials
PM/PE Initials
- Test each individual table microphone.
- Test presenter microphones (i.e. wireless lav / handheld) Describe any issues below:
Audio Conferencing:
Pass / Fail Lead Tech
Initials
PM/PE Initials
- Make a point-to-point audio call.
- Test conference call (minimum of 3 parties on the conference) Describe any issues below:
Video Conferencing:
Pass / Fail Lead Tech
Initials
PM/PE
Initials
- Make a point-to-point video call.
- Make a multi-point video call (minimum of 3 video sites) - Send VGA/content sharing
Describe any issues below:
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Workmanship:
Pass / Fail Lead Tech
Initials
PM/PE Intials
- All A/V cabling tied up & off ceiling grid
- Speaker grills all facing same direction
- Ceiling tiles not damaged from installation
- Remove ALL trash from the jobsite
- Wipe down ALL displays & equipment (no fingerprints)
- No drywall dust or ceiling debris left in room (carpet, countertops, etc.) - No scratches inside of credenza’s due to racks being pulled in/out - Projectors properly aligned on projection screen (top/bottom & side/side) - Displays mounted correctly and level.
- No scratches on table due to table box, Mic installation, etc. - Wall plates, keypad, etc. installed straight, tight, and with no viewable drywall damage
- No fingerprints on walls surrounding displays / AV equipment - Pass through plates used behind displays / credenzas / anywhere cables come through a wall
- Rack neatly wired & labeled correctly
- Is the credenza hot?
- Blank Plates installed in empty spaces
- AAV ID Plate placed on racks
- Manuals, warranties, etc. brought to AAV for Closeout process -Line drawings left with on-site in equipment rack for Engineer - Remotes, etc. (batteries, spare VGA cables) passed to client (note name and location)
- Leave any proprietary tools/parts onsite (security screw drivers, ect.) Describe any issues below:
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Exhibit B
Fee Schedule
See next page
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Representative Hailey Schellin
Mobile 949.584.7028
Office 714.637.7557
Email [email protected]
Revision 2/3/2025
Item Quantity Manufacturer Model Description Unit Price Ext Price Camera System
3 PTZ Optics PT30X-SE-WH-G3 PTZ camera, featuring 30X Optical Zoom, 1080 Resolution at 60fps (white) $ 1,038.00 $ 3,114.00 3 PTZ Optics HCM-1-WH Universal Camera Mount (white) $ 76.00 $ 228.00 1 Marshall Electronics VMV-402-3GSH 3G-SDI Switcher $ 1,321.00 $ 1,321.00 1 FeelWorld P173-9HSD-RM 17.3'' 4K Rackmount Broadcast Monitor $ 557.00 $ 557.00 1 AJA Helo Plus H.264 Advanced Streamer & Recorder with 3G-SDI and HDMI $ 1,816.00 $ 1,816.00 1 AJA U-TAP-SDI USB 3.0 (3.2 Gen 1) Powered SDI Capture Device $ 414.00 $ 414.00 1 Middle Atlantic RM-LCD-PNLV 3 RU Fixed VESA LCD Rackmount $ 66.00 $ 66.00 1 BlackMagic Design CONVMCAUDS2 Audio to SDI Mini Converter $ 236.00 $ 236.00 1 BlackMagic Design CONVMSDIDA4K Mini Converter SDI Distribution 4K $ 339.00 $ 339.00 Audio System
1 Biamp SOC-4 4-channel mic/line output card. $ 214.00 $ 214.00 Control System
1 Crestron TSW-1070-B-S 10.1 in. Wall Mount Touch Screen, Black Smooth $ 1,640.00 $ 1,640.00 1 Crestron RMC4 4-Series™ Control System $ 592.00 $ 592.00 Miscellaneous Components
1 Netgear GS116PP-100NAS 16-Port 183W PoE/PoE+ Gigabit Ethernet Unmanaged Switch $ 271.00 $ 271.00 $ 10,808.00
Cable & Connectors $ 474.00
Installation Hardware & Accessories $ 222.00
Equipment Rack Hardware (Lacing Bars, Blanks, Vents, etc.) $ 221.00 Miscellaneous Materials Sub-Total $ 917.00
$ 2,444.00
$ 2,743.00
$ 1,215.00
$ 215.00
$ 8,039.00
$ 1,944.00
$ -
Sub-Contract $ -
$ 159.00
$ 16,759.00
Total Equipment $ 11,725.00
Total Labor $ 16,759.00
Equipment and Labor Subtotal $ 28,484.00
Total Shipping $ 356.00
Additional Shipping for Overnight or Large Items $ -
Subtotal $ 28,840.00
Sales Tax 9.50% $ 1,147.70
Electronic Waste Fee 4" - 14" ($4.00) QTY: 1 $ 4.00
Electronic Waste Fee 15" - 34" ($5.00) QTY: 0 $ -
Electronic Waste Fee 35" and Greater ($6.00) QTY: 0 $ - Electronic Waste Fee Total $ 4.00
Total Service Agreement $ -
Bond (if required) $ -
$ 29,991.70
Miscellaneous Materials
Integration Labor
Integration Labor Sub-Total
G & A
Travel
Training, Closing, & Commissioning
Installation & Testing
Community Room Totals
City of San Marino
Council Chamber/Community Room Bid
Typical of 1 - Proposal Includes 1
Community Room
Staging & Assembly
Project Management
Control Programming
Engineering & Drafting
Community Room Equipment Sub-Total:
27 of 30
PAGE 183 of 257
Representative Hailey Schellin
Mobile 949.584.7028
Office 714.637.7557
Email [email protected]
Revision 2/3/2025
Item Quantity Manufacturer Model Description Unit Price Ext Price Display System
1 Samsung QB85C 85" Commercial UHD 4K Display, 350 nits $ 2,577.00 $ 2,577.00 1 Chief XTM1U Extra-Large Fusion® Micro-Adjustable Tilt Wall Mount $ 279.00 $ 279.00 2 Samsung QM50FC 48.5" UHD 4K Commercial Monitor $ 1,075.00 $ 2,150.00 1 Chief MTM1U Medium Fusion® Micro-Adjustable Tilt Wall Mount $ 151.00 $ 151.00 1 Chief TS318TU Thinstall™ Swing Arm Display Mount Series $ 306.00 $ 306.00 Signal Distribution and Switching System
3 Crestron DM-NVX-E30 DM NVX® 4K60 4:4:4 HDR Network AV Encoder $ 769.00 $ 2,307.00 3 Crestron DM-NVX-D200 DM NVX® 4K60 4:2:0 Network AV Decoder with Scaler $ 646.00 $ 1,938.00 1 Netgear GSM4230PX-100NAS AV Line 24x1G PoE+ 480W 2x1G and 4xSFP+ Managed Switch $ 1,475.00 $ 1,475.00 Sources
(2) Dais (HDMI Only)
(1) Back of Room (HDMI Only)
Production System
1 PTZOptics PT20X-4K-WH-G3 4K SDI/HDMI/USB/IP PTZ Camera with 20x Optical Zoom $ 2,150.00 $ 2,150.00 1 HuddlecamHD HCM-1-WH Small Universal Wall Mount Bracket for Select Cameras (White) $ 97.00 $ 97.00 1 Crestron DM-NVX-D200 DM NVX® 4K60 4:2:0 Network AV Decoder with Scaler (Presentation Feed) $ 646.00 $ 646.00 1 BlackMagic Design SWATEMMXEP Blackmagic Design ATEM SDI Switcher $ 371.00 $ 371.00 1 BlackMagic Design CONVMUDCSTD/HD Mini Converter UpDownCross HD $ 171.00 $ 171.00 1 SKAARHOJ TCP-LINK-4ATEM-V1 TCP Control ATEM Switcher for Crestron $ 681.00 $ 681.00 1 Legrand C2G54276 Superbooster® USB Camera Extender Over Cat Single Gang Wall Plate to Box Kit $ 136.00 $ 136.00 Audio System
9 Shure MX418D/C Gooseneck Microphones LED w/Bases and Logic Switches (5 @ Dais, 4 @ Staff Table) $ 257.00 $ 2,313.00 1 Shure MX424/C 24" Gooseneck Microphone, Cardioid (Podium) $ 192.00 $ 192.00 1 Shure SLXD24D/SM58-G58 Dual Wireless Vocal System with SM58 $ 1,044.00 $ 1,044.00 1 Biamp TesiraFORTE AVB VT Fixed I/O DSP with 12 analog inputs, 8 analog outputs, 8 channels configurable USB audio, 128 x 128 channels of AVB, AEC technology (all 12 inputs), 2 channel VoIP, and standard FXO telephone interface
$ 2,603.00 $ 2,603.00
1 Biamp Tesira EX-IN 4 channel mic/line input expander PoE+ $ 918.00 $ 918.00 1 Biamp TesiraCONNECT TC-5 5-port expansion device $ 799.00 $ 799.00 2 Biamp Tesira EX-LOGIC PoE controller with 16 logic GPIO $ 416.00 $ 832.00 1 Biamp Tesira EX-USB PoE AVB/USB expander $ 420.00 $ 420.00 1 Biamp Voltera A 300.2 Two-channel, 300-watt analog amplifier $ 538.00 $ 538.00 1 Biamp Tesira RMK-1 Single unit rack mount kit $ 47.00 $ 47.00 1 Biamp Tesira RMK-2 Two-unit rack mount kit $ 81.00 $ 81.00 1 Denon DN-700R Existing Audio Recorder Existing
6 Existing Ceiling Speakers Existing
Control System
2 Crestron TS-1070-B-S 10.1 in. Tabletop Touch Screen, Black Smooth $ 1,757.00 $ 3,514.00 1 Crestron CP4N 4-Series™ Control System $ 1,656.00 $ 1,656.00 Miscellaneous Components
1 Existing Equipment Rack Existing
1 Middle Atlantic CFR-13-18 CFR Cabinet Frame Rack CFR-13-18 $ 292.00 $ 292.00 5 Panelcrafters Custom Microphone Input Plate $ 27.00 $ 135.00 $ 30,819.00
$ 822.00
$ 449.00
$ 412.00
$ 1,683.00
$ 4,073.00
$ 5,487.00
$ 1,943.00
$ 429.00
$ 13,408.00
$ 3,158.00
$ -
Sub-Contract $ -
$ 409.00
$ 28,907.00
Miscellaneous Materials Sub-Total
Council Chamber Equipment Sub-Total:
Cable & Connectors
Installation Hardware & Accessories
City of San Marino
Council Chamber/Community Room Bid
Council Chamber
Typical of 1 - Proposal Includes 1
Equipment Rack Hardware (Lacing Bars, Blanks, Vents, etc.) Miscellaneous Materials
Engineering & Drafting
Control Programming
Project Management
Staging & Assembly
Installation & Testing
Training, Closing, & Commissioning
Travel
G & A
Integration Labor Sub-Total
Integration Labor
28 of 30
PAGE 184 of 257
Representative Hailey Schellin
Mobile 949.584.7028
Office 714.637.7557
Email [email protected]
Revision 2/3/2025
Item Quantity Manufacturer Model Description Unit Price Ext Price City of San Marino
Council Chamber/Community Room Bid
Council Chamber
Typical of 1 - Proposal Includes 1
Total Equipment $ 32,502.00
Total Labor $ 28,907.00
Equipment and Labor Subtotal $ 61,409.00
Total Shipping $ 976.00
Additional Shipping for Overnight or Large Items $ -
Subtotal $ 62,385.00
Sales Tax 9.50% $ 3,180.41
Electronic Waste Fee 4" - 14" ($4.00) QTY: 1 $ 4.00
Electronic Waste Fee 15" - 34" ($5.00) QTY: 0 $ -
Electronic Waste Fee 35" and Greater ($6.00) QTY: 3 $ 18.00 Electronic Waste Fee Total $ 22.00
Total Service Agreement $ -
Bond (if required) $ -
$ 65,587.41
Council Chamber Totals
29 of 30
PAGE 185 of 257
Client
Project Name
Project Contact
Representative Contact
Mobile Address
Office City, State, Zip
Email Phone
Date Mobile
Email
Room Room Qty Equipment Shipping Sales Tax eWaste Labor Maintenance (90 Days) Bond Cost Per Room TOTAL
Community Room 1 $ 11,725.00 $ 356.00 $ 1,147.70 $ 4.00 $ 16,759.00 $ - $ - $ 29,991.70 $ 29,991.70 Council Chamber 1 $ 32,502.00 $ 976.00 $ 3,180.41 $ 22.00 $ 28,907.00 $ - $ - $ 65,587.41 $ 65,587.41 $ 95,579.11
EXTENDED WARRANTY & MAINTENANCE RENEWAL SCHEDULE
$2,912.00
Year 1 Year 2 Year 3 Year 4 Year 5
Rate $2,912.00 $2,912.00 $2,912.00 $2,912.00 $2,912.00
$95,579.11
NOTES:
This proposal utilizes Prevailing Wage rates.
Billing Terms:
Date
Billing Inquiries:
949.584.7028
Western Audio Visual | 1592 North Batavia Street, Suite 2, Orange, CA 92867 | P 714 637 7272 This quote is valid for 30 days. The sales tax is subject to change—in the event of a an increase, the client agrees to pay the current sales tax rate. This proposal is not to be copied, reproduced or forward to any third party as its contents are the property of Western Audio Visual.
100% Equipment Upon Order, Progress Billing for Labor
Client Authorized Signature Printed Name & Title
San Marino, CA 91108
2200 Huntington Drive,
STANDARD RENEWAL RATE
Hailey Schellin
City of San Marino
Council Chamber/Community Room Bid
PROJECT TOTAL:
Base Project Total
Audio Visual Investment Summary
2/3/2025
[email protected]
Nicole Tibbet
714.637.7557
30 of 30
PAGE 186 of 257
EIDIM Group Inc, dba EIDIM AV Technology
CAGE
33EMO
# Manufacturer Product Name QTY Unit Price Ext Price
1 Shure MX418D/C 10 264.00 $ 2,640.00 $
2 Shure SLXD24D/B58 1 1,149.20 $ 1,149.20 $
3 QSC AD-C6T 6 175.70 $ 1,054.20 $
4 Samsung QE98C 1 3,956.52 $ 3,956.52 $
5 Chief XTM1U 1 286.58 $ 286.58 $
6 Crestron DM-NVX-D30 1 790.08 $ 790.08 $
7 Crestron DM-NVX-D30 5 790.08 $ 3,950.40 $
8 Crestron DM-NVX-E30 3 790.08 $ 2,370.24 $
9 Crestron DM-NVX-E30 2 790.08 $ 1,580.16 $
10 Crestron DM-NVX-E30 1 790.08 $ 790.08 $
11 Extron SMP 351 1 3,673.02 $ 3,673.02 $
12 Inogeni 4K2USB3-SG 1 549.77 $ 549.77 $
13 Crestron DM-NVX-D30 1 790.08 $ 790.08 $
14 Crestron CP4 1 1,215.50 $ 1,215.50 $
H.264 Streaming Media Processor
4K HDMI to USB 3.0 Video Capture Card TAA
DM NVX® 4K60 4:4:4 HDR Network AV Decoder
(for capture card)
Control System
Series 4 Control System
Dual Wireless System with 2 SLXD2/B58 Handheld
Transmitters
6.5-inch, 2-way, 135° conical DMT™
98" UHD Large Screen Signage Display, Brightness :
500 nit (Typ.), Resolution : ULTRA HD (3,840 x
2,160), Bezel : 17 mm (Even bezel), Interface :
HDMI(3)/ DP/ DVI-D/ USB 2.0/ RS232C/ RJ45/
Audio/ IR
Extra-Large Fusion® Micro-Adjustable Tilt Wall
Mount
DM NVX® 4K60 4:4:4 HDR Network AV Decoder
(for 98" display)
DM NVX® 4K60 4:4:4 HDR Network AV Decoder
(for video conference screens at the dais)
DM NVX® 4K60 4:4:4 HDR Network AV Encoder
(two at the Dais and one at the back of the room)
DM NVX® 4K60 4:4:4 HDR Network AV Encoder
(spare input)
DM NVX® 4K60 4:4:4 HDR Network AV Encoder
(Connection into current room camera for meeting
streaming)
Video Presentation System
95-4837991 Destination GS-03F-105AA
HARDWARE
006617604
Description
Gooseneck Microphone - Desktop mics
Council Chamber Room
Audio System
Complete All-in-One Turnkey Solution
Solication/Quote Title:
City of San Marino: Audio Visual Consulting Services for Meeting Space Enhancements
Prepared for:
FEIN DUNS F.O.B Point
Prepared By
EIDIM Group Inc.
1015 S. Placentia Ave,
Fullerton, CA 92831
Information
Solication #
Business Type:
SBA Small Business
CA Micro Small Business
Quote Date: 10/07/2024
Exp Date: 2/07/2024
Version: 1
City of San Marino
Nicole Tibbet
Assitant to the City of Manager
[email protected]
(626) 300-0781
2200 Huntington Drive, San Marino,
CA 91108
GSA Schedule
Jerome Del Castillo | Estimator
[email protected]
562-777-1009
QUOTATION
PAGE 187 of 257
15 Crestron TS-1070-B-S 1 1,805.57 $ 1,805.57 $
16 Crestron TS-1070-B-S 1 1,805.57 $ 1,805.57 $
17 Tripp Lite N062-024-KJ-SH 2 24.80 $ 49.60 $
18 Tripp Lite
N238-001-GYTFA
48 6.11 $ 293.28 $
19 Netgear
GSM4248PX100NAS
1 2,437.63 $ 2,437.63 $
20 Furman M-8S 1 250.66 $ 250.66 $
21 QSC NV-32-H 1 2,764.71 $ 2,764.71 $
22 QSC NC-12x80 3 3,066.38 $ 9,199.14 $
23 Crestron DMC-4KZ-HD 1 486.20 $ 486.20 $
24 Crestron DMC-4KZ-C 2 668.53 $ 1,337.06 $
25 Extron
DM-TX-4KZ-100
-C-1G-W-T
2 607.75 $ 1,215.50 $
# Manufacturer Product Name QTY Unit Price Ext Price
26 EIDIM 1 15,470.00 $ 15,470.00 $
# Manufacturer Product Name QTY Unit Price Ext Price
27 EIDIM 1 84,969.00 $ 84,969.00 $
28 EIDIM 1 10,827.00 $ 10,827.00 $
AV - Firm Fix Price
Description
Installation and Labor: (Design and Coordination,
Installation of Equipment Engineering, Shop
Drawings and Submittals, Project Management,
Programming)
Testing/Commisioning, Training, Administration,
Documentation.
Sub Total $ 95,796.00
Sub Total $ 46,440.75
Tax Subtotal (9.50%) $ 4,411.95
Tax Subtotal (9.50%)
Miscellaneous Expenses
Description
Cables and Miscellaneous
Audio Cable - 1000 ft (estimated)
Speaker Cable 2000ft (estimated)
LAN Cable - 2000ft (estimated)
Custom Plates and Other Accessories
Sub Total $ 15,470.00
$ 1,469.95
AV Line M4250-40G8XF-PoE+ - Switch - L3 managed -
40 x 10/100/1000 (PoE+) + 8 x 1 Gigabit /10 Gigabit
SFP+ - side to side airflow - rackmountable - PoE+ (960 W) 15A Standard Power Conditioner W/Power
Sequencing, 9 Outlets, 1RU, 10Ft Cord
Community Center
Video System
4K60 4:4:4 Network Video Endpoint for the Q-SYS
Ecosystem, software configurable as Encoder or
Decoder. 3 HDMI 2.0 Inputs, 2 HDMI 2.0 Outputs,
on-board AV Bridging.
12x Optical Zoom 80° Horizontal Field of View, PTZ
Network Camera, PoE, with HDMI and SDI output.
Includes PTZ-WMB1 wall mount bracket
HDMI® 4K60 4:4:4 HDR Input Card for DM®
Switchers (Additional HDMI in in rack)
4K HDMI and Audio to USB Scaling Bridge
DigitalMedia DigitalMedia 8G+® 4K60 4:4:4 HDR
Wall Plate Transmitter, White8G+® 4K60 4:4:4
HDR Wall Plate Transmitter, White
10.1 in. Tabletop Touch Screen, Black Smooth (For
main control near the Dais)
10.1 in. Tabletop Touch Screen, Black Smooth
(at the back)
24-Port 1U Rack-Mount Shielded Blank Keystone
/Multimedia Patch Panel
Cat6a Keystone Jack, PoE/PoE+ Compliant,
Shuttered - Gray
PAGE 188 of 257
# Manufacturer Product Name QTY Unit Price Ext Price
29 EIDIM 1 3,327.50 $ 3,327.50 $
# Manufacturer Product Name QTY Unit Price Ext Price
30 EIDIM 1 2,786.76 $ 2,786.76 $
Shipping
Description
Shipping Charge
Sub Total $ 2,786.76
Total $169,702.91
Miscellaneous Expenses $15,470.00
AV Firm Fix Price $95,796.00
Shipping $2,786.76
Sub Total $163,821.01
Estimated Tax $5,881.90
1 Year Warranty $3,327.50
Silver Level Warranty:
• Prompt response time within 24 hours via
email or phone.
• Work will commence within one (1) week of
notification.
• Five (5) incidents/issues resolved annually.
Note: Two higher levels of warranty are
available. If the client desires faster service,
they can upgrade by contacting the assigned
estimator.
Sub Total $ 3,327.50
Quote Summary
Description Amount
Hardware $46,440.75
1 Year- Warranty
Description
PAGE 189 of 257
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Amber Shah, Parks & Public Works Director/City Engineer DATE: February 28, 2025
SUBJECT: AWARD OF EMERGENCY MINOR CONSTRUCTION
AGREEMENT TO SUPERIOR AWNING TO REPLACE
WINDSTORM DAMAGED PUBLIC WORKS WASH BAY
AWNING COVER IN THE AMOUNT OF $51,760
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Fiscally Responsible and Transparent City Government
Efficient, Responsive, and Effective City Services
Well-Maintained Infrastructure
BACKGROUND
The Public Works wash bay awning cover is located in the rear yard of the City Hall parking lot, adjacent to the City’s garage. During the January 7-8 windstorm event last month, the structure incurred significant damage, as it is now partially detached from the support frame and is no longer functional.
Given the safety issue as well as the importance of protecting City staff and City-issued vehicles, staff is recommending awarding an emergency minor Construction Agreement to Superior Awning to remove the damaged awning and complete the installation of a new awning.
DISCUSSION
The Public Works wash bay awning in the City Hall rear yard is used by staff when working on City issued vehicles and equipment, and is protected by an awning to reduce the impact of inclement weather and other potential hazards. With the damage incurred by the windstorm, the awning is now a safety hazard as it is partially detached from the support frame. Replacement Gretchen Shepherd Romey, DDS, Mayor
Tony Chou, Vice Mayor
Hunter Chang, Council Member
John Chou, Council Member
Calvin Lo, Council Member
PAGE 190 of 257
of the awning will help protect the City’s infrastructure as well as employees using the wash bay.
Staff solicited proposals from qualified awning contractors to perform the necessary repairs. Bids were received as follows:
Vendor Bid
Superior Awning $51,760
On January 21, 2025, the City Council approved an agreement with Superior Awning for the replacement of the fuel station awning, which was also damaged by the windstorm. At that time, Superior Awning was the only vendor of four contacted that was responsive and able to meet prevailing wage requirements. Given that Superior Awning is a qualified bidder, staff is recommending proceeding with their proposal to award a minor construction agreement as an emergency procurement. Work will start upon award so that the safety issue is resolved in a timely manner. Additionally, since Superior Awning will be replacing the fuel station awning, approval of this agreement will enable them to complete both replacements in a short period of time, helping quickly remedy the safety issues present.
FISCAL IMPACT & PROCUREMENT REVIEW
As this procurement is necessary due to the windstorm damage, costs will be charged to Account #101-08-4376-2025. A budget amendment of $51,760 will be needed for FY 2024-25. The City will seek reimbursement for these expenditures through the City’s insurance provider and/or FEMA. This purchase is in compliance with the City’s procurement policy in accordance with SMCC 02.06.05(A)(8) as it is an emergency procurement under the City Manager’s procurement authority during a public emergency.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends the City Council approve an award of an emergency minor construction agreement in the amount of $51,760 to Superior Awning for the removal of the damaged wash bay awning cover and installation of a new wash bay awning cover, and approve a budget adjustment in the amount of $51,760 in account #101-08-4376-2025. If the Council concurs with staff’s recommendation, an appropriate motion would be:
PAGE 191 of 257
“I move to approve an award of an emergency minor construction agreement in the amount of $51,760 to Superior Awning for the removal of the damaged wash bay awning cover and installation of a new wash bay awning cover, approve the necessary budget adjustments, and authorize the City Manager to execute the agreement on behalf of the City.”
ATTACHMENTS
1. Quote from Superior Awning
2. Draft Agreement
PAGE 192 of 257
14555 Titus Street ● Van Nuys, CA 91402
(800) 780-0201 phone ● (818) 780-7993 fax
Contractor's License #589431 (D03 Awnings)
www.SuperiorAwning.com Document No.
Revision No.
Proposal Date
CONSTRUCTION CONTRACT
You are entitled to a fully completed copy of this agreement, signed by both you and the contractor before work is started.
Customer/Contact: Phone:
Billing Address: Site Address:
E-Mail:
Description of the Project, Significant Materials to be Used and Product to be Installed:
Width: 32 0 Projection: 32 0 $33,676.36 x 1 33,676.36
feet inches feet inches unit price quantity Product Option Adjustments:
Material: Additional Specifications: 0.00
Frame: 0.00
Binding: 0.00
Valance: 0.00
0.00 12500.00
Item Subtotal: $ 46,176.36
0 0 0 0 $0.00 x Qty 0.00
feet inches feet inches unit price quantity Product Option Adjustments:
Material: Additional Specifications: 0.00
Frame: 0.00
Binding: 0.00
Valance: 0.00
0.00 2500.00
Item Subtotal: $ 2,500.00
0 0 0 0 $0.00 x Qty 0.00
feet inches feet inches unit price quantity Product Option Adjustments:
Material: Additional Specifications: 0.00
Frame: 0.00
Binding: 0.00
Valance: 0.00
0.00 0.00
Item Subtotal: $ 0.00
Subtotal Primary Items $ 48,676.36
Quantity Discount Amount: $ 0.00
Accessories: Qty Extension
$ 0 $
0 0 Total Accessories: $ 0.00
0 Subtotal Pre-Tax: $ 48,676.36
Sales Tax: $ 3,082.84
Total Contract Price Including Sales Taxes: $ 51,759.20 Start of work commences with the above design layout. Down Payment/Schedule of Progress Payments as follows:
Completion estimated to be 2-4 Weeks from deposit date. Execution of this contract requires payment made now in the amount of:-----------------------> $ 18,815.34 Representing initial deposit in accordance with contract regulation plus progress payment for design layout and custom materials procurement. via check or credit card #
Final payment of remaining contract balance is due upon installation. exp.
Billing zip code
Superior Awning, by: X Date:
ACCEPTANCE: I, the undersigned, acknowledge that I have read and understood the terms of this agreement including the Terms, Conditions & Notices enclosed herewith.
Cost/Unit
Christopher Garcia (818) 512-9769 [email protected] 1/0/1900 0 Permits and related fees and drawings are not included unless expressly and separately itemized. Gore™ Tenara® thread carries a lifetime warranty against defect or deterioration and all steel is galvanized and rust resistant. Other warranties as itemized above. See warranty literature for details/limitations. 0 0
0 0.00
0.00 0
Custom Product (see specs)
0 0
0 0
0 0
---------------------------------> $
City Of San Marino (Chris Gutierrez)
25012201-35
1/22/2025
---------------------------------> $
0 0
0 2200 Huntington Dr San Marino Ca.
[email protected]
ppv240405GLA
Aluminum Patio Cover - Freestanding
(626) 476-7057
White 12" Pans
0 0
0 Standard Roof
0 Installation Included
0 0
Fabricate and install an aluminum carport using customers existing 6x steel posts and 7" I-beams. Order with extra rigid W pan to cantilever 12' beyond existing 32' W x 20' P frame (See BH) no additional posts will be needed.
0 Product Description
0 0
0 0
0 0
0 0
0 0
Prevailing Wage
0 Priced as prevailing wage
0 0
Demo and disposal of existing 32'x 20' aluminum patio
0 0
0 0
0 0
---------------------------------> $
0 0
0 0
0 0
Purchaser Signature: X ___________________________________ Date: ________________ PAGE 193 of 257
AGREEMENT FOR
MINOR CONSTRUCTION SERVICES
Between
THE CITY OF SAN MARINO,
a municipal corporation
and
Superior Awning
Dated: February 28, 2025
PAGE 194 of 257
1 AGREEMENT FOR
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 Superior Awning (“Contractor”) (collectively the “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: Superior Awning
Address: 14555 Titus Street, Van Nuys, CA 91402
Type of Entity: [Type of Entity]
License Numbers: Contractor’s License #589431
1.2 Term. Subject to the provisions of Section 8 [Termination] of this Agreement, the term of this Agreement is for 6 months commencing on the Effective Date, as referenced on the cover page.
If this Agreement is for four (4) or more years, City may exercise up to two (2) 1- year extensions contingent on an annual appropriation of a budget by the City Council and Contractor’s satisfactory performance of Contractor’s Services as documented by the City Engineer.
1.3 Description of Contractor’s Services. Subject to the terms and conditions of this Agreement, Contractor agrees to perform for City those maintenance / repair / 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 195 of 257
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 (select one):
_______ Lump Sum of $51,760 With progress payments;
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.
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 PAGE 196 of 257
3 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 periodic (monthly or quarterly as specified in Exhibit “C”) 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 to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defect in work performed by Contractor.
2.3 Prior to execution of the Agreement, the State of California declared a state PAGE 197 of 257
4 of emergency and issued a stay at home order in connection with the COVID-19 pandemic, and the County of Los Angeles (“County”) issued numerous orders relating to COVID-19, including without limitation an Order to Shelter in Place, originally dated March 17, 2020 (as subsequently extended and amended, including after the date of the Agreement, the “County Order”). In no event shall Contractor be entitled to any additional compensation in connection with any delay or costs associated with the COVID 19 pandemic, the County Order, or any other governmental requirements or regulations in connection therewith, whether currently existing or hereinafter enacted. In the event of any conflict between the terms of this Section and any other provision of the Agreement, in all events, the terms of this Section shall control.
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 PAGE 198 of 257
5 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.
3.6 Labor Code and Prevailing Wage Requirements.
3.6.1 Prevailing Wage Laws. Contractor represents and warrants that it is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the compliance with other requirements on “Public Works” and “Maintenance” projects. Contractor shall pay prevailing wages to its employees on any agreement in excess of $1,000.00. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Agreement, as determined by the Director of the State of California Department of Industrial Relations, may be obtained from the California Department of Industrial Relations website
[http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. Contractor shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. Contractor and all subconsultants shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement.
3.6.2 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.
SECTION 4. INDEMNIFICATION
4.1 Indemnity. Contractor shall indemnify, defend with legal counsel approved by Agency, and hold harmless Agency, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorney’s fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which is caused by PAGE 199 of 257
6 the sole or active negligence or willful misconduct of the Agency. Should conflict of interest principles preclude a single attorney from representing both Agency and Contractor, or should Agency otherwise find Contractor’s attorney unacceptable, then Contractor shall reimburse the Agency its costs of defense, including without limitation reasonable attorney’s fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Agency (and its officers, officials, employees, and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless, or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.
However, without affecting the rights of Agency under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless Agency for liability attributable to the sole or active negligence of Agency, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Agency is shown to have been actively negligent and where Agency’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of Agency.
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, 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, 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 PAGE 200 of 257
7 (“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.
SECTION 5. RECORDS AND AUDIT
5.1 Records and Audit. At Owner’s request, 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 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.
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8 6.2 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.
6.3 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.
SECTION 7. BONDS
7.1 Per Payment and performance 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 PAGE 202 of 257
9 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 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.
Other provisions and requirements
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. 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.
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10 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
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, in which case 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.
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11 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 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 PAGE 205 of 257
12 or modifications to be in writing cannot be waived and that any attempted waiver shall be void.
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.
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13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
“CITY”
CITY OF San Marino
Philippe Eskandar,
City Manager
ATTEST:
_____________________________
City Clerk
APPROVED AS TO FORM:
_____________________________
Joe Montes, City Attorney
“CONTRACTOR”
Superior Awning
By:
Name:
Title:
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14 By:
Name:
Title:
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EXHIBIT “A”
SCOPE OF SERVICES
Found on following page
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EXHIBIT “B”
SCHEDULE OF PERFORMANCE
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EXHIBIT “C”
COMPENSATION
• Total contract price is not to exceed $51,760
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EXHIBIT “D”
REPRESENTATIVES
CITY’S REPRESENTATIVE
City of San Marino
Public Works Department
Attn: Chris Gutierrez
2200 Huntington Dr
San Marino, CA 91108
[Type in Fax Number]
CONTRACTOR’S REPRESENTATIVE
Superior Awning
14555 Titus St
Van Nuys, CA 91402
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EXHIBIT “E”
BONDS REQUIRED
See Section 7 of Agreement
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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 $2,000,000 per occurrence, $5,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $5,000,000 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 $4,000,000 combined single limit for each accident.
Umbrella or Excess Liability
Contractor shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer; • “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.
Should Contractor obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
Workers’ Compensation Insurance
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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 shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees, and volunteers.
Other Insurance Provisions
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 the right to require complete, certified copies of all required insurance policies, at any time.
Primary/noncontributing. Coverage provided by Contractor 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.
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, PAGE 215 of 257
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.
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 non-renewal.
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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.
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.
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TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Isidro Figueroa, Community Development Director
Alexis Huerta, Management Analyst
Lora Hall, Urban Forester
DATE: February 28, 2025
SUBJECT: APPROVAL OF CONTRACT FOR CONSULTING ARBORIST
SERVICES WITH PETER C. HARNISCH, CONSULTING
ARBORIST
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Beautiful, Preserved, Single-Family Neighborhoods
Efficient, Responsive, and Effective City Services
Safe Community
Fiscally Responsible and Transparent City Government
BACKGROUND
The Community Development Department is seeking to enter into a new agreement with Registered Consulting Arborist (RCA) Peter C. Harnisch, to provide services that include tree inspections, evaluations and appraisals for private trees (Exhibit A). Mr. Harnisch previously provided these services under contract in 2022, prior to the City hiring an Urban Forester.
Currently, the City faces a backlog of pending tree removal applications, further exacerbated by the recent windstorm. Under the direction of the Urban Forester, Mr. Harnisch will conduct inspections and evaluations on an asneeded basis to support and complement the City's tree management efforts.
Mr. Harnisch is also certified in plant and tree appraisal and will determine appropriate fines when high-value trees are damaged or removed without a permit, as outlined in the Tree Protection Ordinance. This will ensure that the City’s tree preservation policies are effectively enforced and supported.
Gretchen Shepherd Romey, Mayor
Tony Chou, Vice Mayor
Hunter Chang, Council Member
John Chou, Council Member
Calvin Lo, Council Member
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DISCUSSION
The agreement with Mr. Harnisch expired on October 31, 2022. During that time, Mr. Harnisch provided essential arborist consulting services to the City, including risk assessments and tree evaluations for private trees. Mr. Harnisch is a highly credentialed professional with extensive expertise in the field of arboriculture. He holds the following qualifications:
• ISA Certified Arborist
• Registered Consulting Arborist
• ISA Tree Risk Assessment Qualified
• ASCA Tree and Plant Appraisal Qualification
• Member of the American Society of Consulting Arborists The City currently does not have accredited staff to conduct tree appraisals, which are essential for evaluating unauthorized removals and supporting code enforcement cases. Additionally, a substantial backlog of private tree removal applications requires expert evaluation to ensure compliance with City regulations. The severe windstorm in January 2025 caused extensive tree damage throughout the City, underscoring the urgent need for professional arborist services to support recovery efforts and maintain public safety.
Renewing the contract with Mr. Harnisch will enable the City to address these immediate needs and be better prepared for future severe weather events.
His services will also reinforce the City’s commitment to excellent customer service by providing timely responses to private tree removal applications.
Given the City’s extensive tree canopy, tree protection policies, and the community’s deep appreciation for its trees, Mr. Harnisch’s expertise is especially valuable in upholding the City’s preservation efforts. His prior experience working with the City makes him uniquely qualified to assist with complex tree appraisals, unauthorized removals, and enforcement cases.
In preparation of the contract renewal, staff took the opportunity to solicit proposals from two other arborist consulting agencies that perform similar services. As a result, staff received proposals from Environmental Science Associates and JTL Consultants. Environmental Science Associates submitted an hourly rate between $219 and $243 for consulting arborist services. JTL Consultants offers an hourly of $175 but requires a four-hour minimum for the same services.
While Mr. Harnisch’s $200 hourly rate is slightly higher than JTL Consultants, his no-minimum hourly policy offers greater flexibility and cost efficiency. His expertise in the City’s Municipal Code and tree protection policies, combined with prior experience, ensures high-quality, cost-effective service. Staff PAGE 219 of 257
recommends him as the best overall value for the City.
Staff was highly satisfied with the quality and reliability of services provided by Peter Harnisch during his time as the City’s Consulting Arborist. Given his strong qualifications, extensive experience with the City, and cost-efficient pricing structure, staff recommends approving a new three-year agreement with a total contract amount not to exceed $50,000 to continue providing essential arborist consulting services in support of the City’s tree preservation efforts. His expertise will provide critical support to the Urban Forester, Code Enforcement, and the community as a whole, particularly in addressing the backlog of tree removals and appraisals.
FISCAL IMPACT & PROCUREMENT REVIEW
A budget amendment to the FY 2024-25 operating budget is not required as the City Council approved an appropriation of $50,000 in Community Development Department Other Contract Services account 101-14-4150- 0000.
The Finance Director has reviewed this report and concluded that this agreement is in the best interest of the City.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends the City Council approve the contract and authorize the City Manager to execute the agreement. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the contract with Peter Harnisch, Consulting Arborist and authorize the City Manager to execute the agreement.”
ATTACHMENTS
1. Professional Services Agreement with Peter C. Harnisch, Consulting Arborist PAGE 220 of 257
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PROFESSIONAL SERVICES AGREEMENT
between
The City of San Marino
2200 Huntington Drive
San Marino, CA 91108
&
PETER C. HARNISCH,
CONSULTING ARBORIST
1022 SANTA ANA ST.
LAGUNA BEACH, CA 92651
This Professional Service Agreement (“the Agreement”) is made as of February 28, 2025 (the “Effective Date”), by and between Peter C. Harnisch, Consulting Arborist (“Consultant”), and the City of San Marino (“City”), a California municipal corporation, (collectively, “the Parties”).
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RECITALS
A. City desires certain professional services as specified in this Agreement.
B. Consultant represents that it is qualified and able to provide City with such services.
NOW THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows:
AGREEMENT
1.0 Scope of Services
1.1. Consultant shall provide those services (“Services”) set forth in the attached Exhibit A.
1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local laws, ordinances, codes, and regulations.
1.4. Consultant shall not be compensated for any work performed unless it is specified in Exhibit A or City authorizes such work in advance and in writing. Any work so authorized by City shall become part of the Services for purposes of this Agreement.
2.0 Term
The term of this Agreement shall commence as of the Effective Date and shall continue through February 28, 2028 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 $50,000. 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 thirty-thousand dollars ($30,000).
4.0 Method of Payment
4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end PAGE 222 of 257
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of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant all undisputed charges within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other required or authorized deductions from payments made to Consultant.
4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s agents or representatives to inspect at Consultant’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City’s rights under this Section 4.2 shall survive for two years following the expiration or earlier termination of this Agreement.
5.0 Termination
5.1. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least thirty (30) calendar days before the termination is to be effective.
5.2. Consultant may terminate this Agreement for cause in the event City fails to cure a default under this Agreement within thirty (30) days after Consultant has given City notice of such default.
5.3. Upon termination of this Agreement, Consultant shall cease all work under this Agreement and deliver to City all materials, reports, documents, notes or other written materials compiled through the last working day this Agreement is in effect. City shall pay Consultant for all services satisfactorily rendered through the last working day this Agreement is in effect; provided that in no event, including but not limited to termination, shall Consultant be entitled to receive more than the maximum compensation set forth in Section 3. Neither party shall have any other claim against the other party by reason of termination pursuant to this Section 5.0.
6.0 Reports, Information, and Work Product
6.1. Consultant shall deliver to City: (1) any reports on the status of the Services upon City’s request and in such time and in such form as City may require; and (2) all material furnished to Consultant by City upon City’s request and/or upon the expiration or termination of this Agreement.
6.2. Unless the Parties agree in writing, all draft and final reports, documents, and other written material, and any and all images, ideas, concepts, designs including without limitation any website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Consultant in the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made for hire” for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made.
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Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. Consultant hereby assigns to City all rights of ownership to the Work Product, including but not limited to any and all related intellectual property and proprietary rights that are not otherwise vested in the City pursuant to this paragraph.
6.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose.
Consultant shall defend, indemnify, and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city officials, harmless from any loss, claim, or liability in any way related to a claim that any use by the City of any of the Work Product violates federal, state, or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents, or other means of protecting intellectual property rights, and/or interests in products, ideas, or inventions.
Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret, or trademarked documents, materials, equipment, devices, or processes in connection with its provision of the Work Product produced under this Agreement. If any use by city of any of the Work Product or other deliverables is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using such Work Product and/or other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement.
6.4. Consultant’s obligations under this Section 6.0 shall survive the expiration or termination of this Agreement.
7.0 Party Representatives
7.1. City’s representative for purposes of this Agreement is the City Manager or the person designated in writing by the City Manager. The City Manager’s designee may exercise the authority of the City Manager provided in this Agreement excepting approval of any expenditure that would exceed a total compensation allowed under the Agreement.
7.2. Peter C. Harnisch is Consultant’s representative for purposes of this Agreement.
8.0 Notices
8.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:
To City: City of San Marino
2200 Huntington Drive
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San Marino, California 91108
Attn: City Manager
To Consultant: Peter C. Harnisch, Consulting Arborist
1022 Santa Ana Ave.
Laguna Beach, CA 92651
Attn: Peter C. Harnisch, Consulting Arborist
8.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
9.0 Independent Consultant
9.1. Consultant is an independent contractor and not an employee of City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
9.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from Consultant’s personnel practices.
City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.
All duties of Consultant under this Section 9.2 shall survive termination of this Agreement.
9.3. In the event that Consultant provides any of the Services by or through any employee or any person whose work under this Agreement becomes cause for any payment or contribution required by law, including but not limited to the California Public Employees' Pension Reform Act (PEPRA), to the Public Employee Retirement System, Consultant shall be solely responsible for all such payments or contributions. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from Consultant’s failure to make any such payment or contribution. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. All duties of Consultant under this Section 9.3 shall survive PAGE 225 of 257
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termination of this Agreement.
10.0 Subcontractors
Unless otherwise specified in Exhibit A, no portion of this Agreement shall be subcontracted without the prior written approval of the City Manager. Consultant is fully responsible to City for the performance of any and all subcontractors, if any.
11.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City Manager. Any purported assignment without such consent shall be void and without effect.
12.0 Insurance
Without limiting Consultant’s indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
12.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements, including but not limited to additional insured endorsements, effecting coverage required by this Agreement on forms satisfactory to City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City, if requested.
All certificates and endorsements shall be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
12.2. 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 PAGE 226 of 257
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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 City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
Other provisions or requirements
12.6. Proof of insurance. Consultant shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein.
Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
12.7 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.
12.8 Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.
12.9 City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
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12.10 Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
12.11 Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow 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 City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
12.12 Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
12.13 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 City 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 City.
12.14 Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.
12.15 Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
12.16 Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include PAGE 228 of 257
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any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
12.17 Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
12.18 Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City, 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 City for review.
12.19 City’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change.
If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
12.20 Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
12.21 Timely notice of claims. Consultant shall give City 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.
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12.22 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.
Indemnification, Hold Harmless, and Duty to Defend
12.23 Indemnity and defense.To the fullest extent permitted by law, Consultant shall indemnify and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any City or individual that Consultant shall bear the legal liability thereof) in the performance of services under this agreement.
Consultant’s duty to indemnify and hold harmless City shall not extend to the City’s sole or active negligence.
12.24 Duty to defend. In the event the City, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this agreement, and upon demand by City, Consultant shall defend the City at Consultant’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by City is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and City, as to whether liability arises from the sole or active negligence of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the City as solely or actively negligent. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.
12.25 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.
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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 laws of the State of California unless and until Consultant gives City a certificate of consent to selfinsure 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.
PAGE 231 of 257
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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 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 PAGE 232 of 257
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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 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 PAGE 233 of 257
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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.
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:__ _Peter Harnisch__ _
(Print)
Title: Vice President
(Print)
By:_____________________________
(Sign)
Name:__________________________
(Print)
Title: __________________________
(Print)
PAGE 234 of 257
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Exhibit A
Scope of Services
PAGE 235 of 257
16 of 16
Exhibit B
Fee Schedule
PAGE 236 of 257
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Hillary Guirola-Leon , Finance Director
DATE: February 28, 2025
SUBJECT: APPROVAL OF CONTRACT AMENDMENT WITH RAFTELIS
FINANCIAL CONSULTANTS, INC
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Fiscally Responsible and Transparent City Government
Well-Maintained Infrastructure
BACKGROUND/DISCUSSION
On November 13, 2024, the City Council approved a professional services agreement with Rafetelis for a Sewer Rate Study at a cost of $52,949. The original scope did not cover the implementation of newly enacted Assembly Bill 2257.
The California Constitution specifies various requirements with respect to the levying of assessments and property-related fees and charges by a local agency, including notice, hearing, and protest procedures, depending on the character of the assessment, fee, or charge. Current law, known as the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local jurisdictions to comply with these requirements. This bill now prohibits, if a local agency complies with specified procedures, a person or entity from bringing a judicial action or proceeding alleging noncompliance with the constitutional provisions for any new, increased, or extended fee or assessment, as defined, unless that person or entity has timely submitted to the local agency a written objection to that fee or assessment that specifies the grounds for alleging noncompliance, as specified. This bill now provides that a local agency response to the timely submitted written objections shall go to the weight of the evidence supporting the agency’s compliance with the substantive limitations on fees and Gretchen Shepherd Romey, Mayor
Tony Chou, Vice Mayor
Hunter Chang, Council Member
John Chou, Council Member
Calvin Lo, Council Member
PAGE 237 of 257
assessments imposed by the constitutional provisions. The bill also prohibits an independent cause of action as to the adequacy of the local agency’s responses.
It is recommended that the City implement AB 2257 as part of the Sewer Rate Study. Rafetelis has proposed an amendment to support the implementation of AB 2257, with a not-to-exceed amount of $7,208. This amendment would increase the total contract amount to $60,157.
FISCAL IMPACT & PROCUREMENT REVIEW
A budget adjustment of $7,208 will be needed to cover the cost of implementing AB2257.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends the Council approve the contract amendment in the amount not-to-exceed $7,208. Staff also recommends the approval of budget adjustments needed in the General fund to cover the cost of the amendment.
If Council agrees with staff’s recommendation a motion would be:
“I move to authorize the City Manager to execute the contract amendment with Raftelis, in the amount not to exceed $7,208 and approve the FY 24/25 budget amendment to appropriate $7,208 in the General Fund.”
ATTACHMENTS
1. Raftelis Proposal
PAGE 238 of 257
RAFTELIS 1
445 S. Figueroa Street, Suite 1925, Los Angeles, CA 90071 www.raftelis.com
February 10, 2025
Ms. Hillary Guirola-Leon
City of San Marino
Finance Director
Subject: Support for AB2257 Implementation
Dear Hillary,
AB2257 defines a period for which rate payers can submit objections to the wastewater rates. This gives the City time to review these objections and remedy the rates if the City deems necessary. If someone does not raise an objection during the objection period, they forfeit the ability to sue the City regarding wastewater rates in the future. This requires litigant to first exhaust administrative remedies.
The City would create the steps required to implement AB 2257 which includes 1) Adopting an ordinance or resolution establishing the procedure for AB 2257 2) It would include the steps for objections in the public notice, 3) Receive objections during the objection period which likely would be 45 days, 4) Respond to objections with Raftelis assistance- the City would be responsible for sending responses to objectors.
5) Hold a Public Hearing or separate meeting where Raftelis would summarize objections and responses, 6) Adopt rates and/or modify rates if necessary.
Raftelis would assist the City with items 4 and 5. For this proposal we assumed the City would hold a separate meeting to answer objections.
A more detailed scope and fee is provided below.
Sincerely,
Steve Gagnon, PE (AZ)
Vice President
P: 714 351 2013; E: [email protected]
PAGE 239 of 257
RAFTELIS 2
San Marino AB2257 Assistance
Task 1. Respond to Objections, Prepare Presentation to Summarize Objections and Responses and Present to City Council
Raftelis will respond to AB2257 objections during the response period. The City will respond directly to objectors if it deems it needs to respond. We assume one round of objections and responses.
Raftelis will also summarize the objections and responses, prepare a presentation and present the summary to City Council. We have assumed this City Council meeting will occur separate from the public hearing and that the objection process will end at this meeting. The Council will then advise if clarifications are needed, whether to leave rates as is, or conclude the objection process.
The responses to objections will be reviewed by the City’s Prop 218 attorney.
MEETINGS: Up to three web meetings to discuss responses DELIVERABLES: PowerPoint presentation with summary of objections and responses PAGE 240 of 257
RAFTELIS 3
Proposed Fee
Raftelis proposes to complete the scope of work outlined above on a time-and-materials basis for the fee shown below. The following table shows our proposed fee based on our hourly rate and estimated hours.
PM SC CS Total
1. Summarize and Respond to Objections, Present
to Summary to City Council at a Separate Meeting
3 2 16 4 20 $7,208
3 2 16 4 0 20
$375 $195 $170
$6,000 $780 $0 $6,780
$6,780
$428
$7,208
SG - Project Manager, Steve Gagnon, PE (AZ)
SC - Staff Consultants CS - Creative Services
Tasks VirtualMeetings
Number of
In-Person Meetings Total Fees &
Expenses
Total Fees Total Expenses
Total Fees & Expenses
PAGE 241 of 257
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Hillary Guirola-Leon, Finance Director
Mark Siegfried, Accounting Manager/Controller
DATE: February 28, 2025
SUBJECT: RECEIVE AND FILE FINANCIAL REPORT FOR SECOND
QUARTER (OCTOBER 2024 THROUGH DECEMBER 2024)
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Fiscally Responsible and Transparent City Government
BACKGROUND
The following presents the financial activity of the City for the quarter ended December 31, 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 December 31, 2023, has been included for comparative purposes.
DISCUSSION
During the Second Quarter of 2025 (October 2024 through December 2024), General Fund revenues increased by $1.13M or 11% versus the Second Quarter of 2024. Property Tax revenues increased by 4.5% as compared to prior year quarter. This 4.5% growth compares favorably with 4% growth projection used for the FY 2024-25 budget.
Utility User Tax revenues increased by $95k (17%) from prior year quarter.
Another reason for the increase in revenue from last year is due to the onetime transfer of Prop A Metro funds to the City of Pasadena for General Fund monies ($750,000).
Total General Fund expenses for the quarter increased by $780K or 24% Gretchen Shepherd Romey, Mayor
Tony Chou, Vice Mayor
Hunter Chang, Council Member
John Chou, Council Member
Calvin Lo, Council Member
PAGE 242 of 257
compared to last year. The increase is primarily due to negotiated salary increases and low turnover noted in personnel as departments are near fully budgeted staffing levels.
Additional second quarter details are provided in the tables below.
Second Quarter 2025 versus Second Quarter 2024 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 243 of 257
QUARTERLY FINANCIAL REPORT
GOVERNMENTAL FUNDS (UNRESTRICTED)
General Fund (101) Second Quarter Second Quarter
Revenues 2025 2024 $$$ %
Taxes 9,080,025 8,664,246 415,779 4.8% Note 1
Licenses & Permits 442,651 190,246 252,405 132.7% Note 2 Charges for Service 330,438 298,068 32,371 10.9% Note 3 Intergovernmental - - 0
Fines & Forfeitures 20,316 250 20,066 8026.4%
Money & Property 21,740 319,380 (297,640) -93.2% Note 4 Miscellaneous 751,500 42,236 709,263 1679.3%
General Fund Total Revenues 10,646,669 9,514,425 1,132,244 11.9% Second Quarter Second Quarter
Expenses 2025 2024 $$$ %
City Council 2,662 735 1,927 262.0%
City Attorney 119,644 48,055 71,589 149.0%
Non-Departmental 634,513 529,888 104,625 19.7%
City Manager's Office 194,888 185,012 9,875 5.3%
Human Resources 246,849 105,440 141,408 134.1%
Finance Department 186,628 167,705 18,924 11.3%
Community Development 527,600 434,718 92,883 21.4%
Emergency Services 5,807 9,236 (3,428) -37.1%
Parks and Public Works 1,275,493 997,388 278,104 27.9%
Recreation Department 462,311 423,232 39,079 9.2%
Library Department 351,403 326,105 25,298 7.8%
El Molino Viejo - - - 0.0%
General Fund Total Expenses 4,007,799 3,227,514 780,286 24.2% Note 5 Net Income-General Fund 6,638,870 6,286,911 351,958 5.6% Public Safety Fund (103) Second Quarter Second Quarter
Revenues 2025 2024 $$$ %
Taxes 1,480,847 1,472,216 8,630 0.6%
Charges for Service 211,106 252,268 (41,162) -16.3%
Intergovernmental 2,075 20,003 (17,928) -89.6%
Fines & Fees 31,511 33,666 (2,155) -6.4%
Miscellaneous 1,215 1,108 107 9.6%
1,726,754 1,779,261 (52,508) -3.0% Note 6
Second Quarter Second Quarter
Expenses 2025 2024 $$$ %
Police Department 1,767,429 1,778,233 (10,804) -0.6%
Fire Department 1,417,685 1,327,576 90,108 6.8%
3,185,114 3,105,809 79,304 2.6% Note 7
Net Income-Public Safety Fund (1,458,360) (1,326,548) (131,812) -9.9%
SPECIAL REVENUE FUNDS (RESTRICTED)
Second Quarter Second Quarter
2025 2024 $$$ %
Revenues 1,025,837 711,598 314,238 44.2%
Expenses 1,119,048 120,608 998,439 827.8% Note 8
Net Income-Special Revenue Funds (93,211) 590,990 (684,201) -115.8% Total Revenues-All Funds 13,756,426 12,189,888 1,566,539 12.9% Total Expenses-All Funds 10,020,691 7,566,335 2,454,356 32.4% Net Income-All Funds 3,735,736 4,623,553 (887,817) -19.2% CY vs PY
CY vs PY
CY vs PY
CY vs PY
CY vs PY
PAGE 244 of 257
Items of Note:
1. Increase in Taxes is due to Property Taxes increasing by $344k (4.5%).
Utility Users Tax Revenue has also increased as compared to prior year by $96K (17%).
2. Increase in Licenses & Permits is due to Building Permits increasing by $225K compared to last year.
3. Increase in Charges for Service of $32k is due to Plan Check Fees Revenue increasing by $22k compared to prior year.
4. Change in Money & Property is due to fluctuations of the market value of the City’s investments and interest rates increasing.
5. Overall increase in Non-sworn Department expenses of $780k (24%) 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.
The year-to-date actuals are trending in line with the budgeted amounts as there has been limited staff turnover.
6. Overall, the revenues in the Public Safety Fund 103 are trending the same as prior year. Minimal fluctuations are due to timing of reimbursements.
7. Increase in Sworn Department expenses of $79k (or 2.6%) is due to CPI increases related to materials and supplies as well as cost of living adjustments related to salaries.
8. Increase in expenditures related to Special Revenue Funds is due to the one-time transfer of Prop A Metro funds to the City of Pasadena ($1M).
December 2025 YTD versus December 2024 YTD 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 245 of 257
QUARTERLY FINANCIAL REPORT
GOVERNMENTAL FUNDS (UNRESTRICTED)
General Fund (101)
Revenues YTD PY YTD $$$ %
Taxes 10,264,248 9,708,557 555,691 5.7% Note 1
Licenses & Permits 774,669 497,737 276,932 55.6% Note 2 Charges for Service 662,015 569,380 92,635 16.3% Note 3 Intergovernmental - - 0
Fines & Forfeitures 1,290 375 915 244.0%
Money & Property 444,222 430,999 13,224 3.1% Note 4
Miscellaneous 754,719 48,591 706,127 1453.2% Note 5
General Fund Total Revenues 12,901,163 11,255,639 1,645,523 14.6% Expenses YTD PY YTD $$$ %
City Council 17,465 14,850 2,615 17.6%
City Attorney 136,927 66,880 70,047 104.7%
Non-Departmental 1,739,928 803,240 936,689 116.6%
City Manager's Office 374,156 390,380 (16,224) -4.2%
Human Resources 374,972 238,851 136,120 57.0%
Finance Department 378,058 424,314 (46,256) -10.9%
Community Development 1,041,763 991,900 49,863 5.0%
Emergency Services 20,569 21,208 (639) -3.0%
Parks and Public Works 2,126,509 1,947,795 178,714 9.2% Recreation Department 1,024,725 993,762 30,963 3.1%
Library Department 693,965 761,930 (67,964) -8.9%
El Molino Viejo 60,000 - 60,000 0.0%
General Fund Total Expenses 7,989,036 6,655,108 1,333,927 20.0% Note 6 Net Income-General Fund 4,912,127 4,600,531 311,596 6.8% Public Safety Fund (103)
Revenues YTD PY YTD $$$ %
Taxes 1,496,071 1,487,674 8,397 0.6%
Charges for Service 381,605 426,252 (44,647) -10.5%
Intergovernmental 7,128 21,193 (14,065) -66.4%
Fines & Fees 44,195 45,524 (1,329) -2.9%
Miscellaneous 3,580 4,484 (905) -20.2%
1,932,580 1,985,128 (52,548) -2.6% Note 7
Expenses YTD PY YTD $$$ %
Police Department 4,909,125 4,501,832 407,293 9.0%
Fire Department 4,142,032 3,820,878 321,154 8.4%
9,051,157 8,322,710 728,447 8.8% Note 8
Net Income-Public Safety Fund (7,118,577) (6,337,582) (780,996) -12.3%
SPECIAL REVENUE FUNDS (RESTRICTED)
YTD PY YTD $$$ %
Revenues 1,383,501 1,066,023 317,479 29.8%
Expenses 1,275,836 141,442 1,134,394 802.0% Note 9
Net Income-Special Revenue Funds 107,665 924,581 (816,916) -88.4% Total Revenues-All Funds 16,799,663 14,708,382 2,091,281 14.2% Total Expenses-All Funds 22,016,362 19,743,978 2,272,384 11.5% Net Income-All Funds (5,216,699) (5,035,596) (181,103) -3.6% CY vs PY
CY vs PY
CY vs PY
CY vs PY
CY vs PY
PAGE 246 of 257
Items of Note:
1. Increase in Taxes is due to Property Taxes increasing by $360k (4.4%).
Utility Users Tax Revenue has also increased as compared to prior year by $181K (20%).
2. Increase in Licenses & Permits is due to Building Permits increasing by $282K compared to last year.
3. Increase in Charges for Service of $93k is due to Plan Check Fees increasing by $47k compared to prior year. Code Enforcement Citation Fees have also increased by $19k compared to prior year.
4. Change in Money & Property is due to fluctuations of the market value of the City’s investments and interest rates increasing.
5. Miscellaneous Revenues have increased by $706k from prior year due to one-time transfer of Prop A Metro funds to the City of Pasadena.
6. Overall increase in Non-sworn Department expenses of $1.3M (20%) 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.
The year-to-date actuals are trending in line with the budgeted amounts as there has been limited staff turnover. The increase is also due to an increase in the pension required unfunded accrued liability (UAL) payment of $158K.
7. Overall, the revenues in the Public Safety Fund 103 are trending the same as prior year. Minimal fluctuations are due to timing of reimbursements.
8. Increase in Sworn Department expenses of $728k (or 8.8%) is due to CPI increases related to materials and supplies as well as cost of living adjustments related to salaries. The increase is also due to an increase in the pension required unfunded accrued liability (UAL) payment of $405K. Overall, there is 47% of the budget remaining at December 2024. Overtime costs in the Fire Department are trending higher than budgeted as of December 2024.
The increase in overtime costs is due to shift coverage and a vacancy in the department.
9. Increase in expenditures related to Special Revenue Funds is due to the one-time transfer of Prop A Metro funds to the City of Pasadena ($1M).
PAGE 247 of 257
All Funds Revenue Summary at December 31, 2024
In the next summary, budgeted revenues are shown against actual revenue at December 31, 2024, and in comparison to the prior year at this same time period.
Adopted Year-to-Date Increase/(Decrease) Prior Year
Budget Actual % v. Prior Year Actual
General Funds Group
General Fund 30,388,888 12,901,163 42% 1,645,523 11,255,639 Public Safety Fund 4,669,994 1,932,580 41% (52,548) 1,985,128 Fourth ofJuly 75,425 53,223 71% 5,678 47,545
San Marino Center 0 0 0% 0 0
American Rescue Plan 401,406 0 0% 0 0
Donations to City 117,600 127,722 109% 97,077 30,645
Total General Fund 35,653,313 15,014,687 42% 1,695,730 13,318,957 Special Revenue Funds
Gas Taxes 674,428 293,911 44% 33,468 260,443
CDBG 360,406 2,870 1% 2,869 1
County Park Prop A 0 0 0% 0 0
Prop A Transit 427,314 195,115 46% 1,218 193,897
Drought 1,000 884 88% 198 685
Air Quality (AQMD) 19,000 4,416 23% (1,333) 5,749
STPL 210 95 45% 21 74
TDA 19,340 27 0% (262) 288
Prop C Transit 326,770 157,792 48% 6,980 150,811
PEG Fees 51,000 23,522 46% 9,068 14,454
Asset Forfeiture 3,200 1,450 45% 326 1,124
Granada Ave. 0 0 0% 0 0
Used Oil Grant 1,200 406 34% (18) 424
OTS Gant 20,760 (893) -4% (893) 0
Recycling 103,000 5,507 5% 1,237 4,270
Bodyworn Camera Grant 61,948 0 0% 0 0
COPS 236,000 190,268 81% 10,585 179,684
Homeland Security Grant 0 0 0% 0 0
County Measure R 521,077 90,412 17% (14,216) 104,629
Measure W 292,000 258,290 88% 242,579 15,711
County Measure M 296,054 159,431 54% 25,652 133,778
Total Special Revenue Funds 3,414,707 1,383,501 41% 317,479 1,066,023 Capital Project Fund
Capital Projects 25,000 0 0% 0 0
Internal Service Fund
Capital Equipment 728,456 393,187 54% 75,389 317,798
Total Internal Service Funds 728,456 393,187 54% 75,389 317,798 Fiduciary Fund
Agency Fund 0 8,287 0% 2,683 5,604
Total All Revenue 39,821,476 16,799,663 42% 2,091,281 14,708,382 All Revenue by Fund
For Quarter Ended December 31, 2024 -- 50% of Fiscal Year Complete PAGE 248 of 257
All Funds Expenditure Summary at December 31, 2024
In the next summary, budgeted expenditures are shown against actual expenditures at December 31, 2024, and in comparison to the prior year at this same time period.
Adopted Year-to-Date Increase/(Decrease) Prior Year
Budget Actual % v. Prior Year Actual
General Funds Group
General Fund 16,587,320 7,989,036 48% 1,333,927 6,655,108 Public Safety Fund 16,927,552 9,051,157.07 53% 728,447 8,322,710 Fourth ofJuly 122,594 71,151.10 58% 6,312 64,839
San Marino Center - - 100% - -
Donations to City 145,241 21,541.31 15% 5,755 15,787
American Rescue Plan - - 0% (6,236) 6,236
Workers' Compensation 721,135 948,206.50 131% 387,405 560,802 General Liability 976,323 975,575.00 100% 209,021 766,554 Total General Fund 35,480,165 19,056,667 54% 2,664,632 16,392,035 Special Revenue Funds
Gas Taxes 1,231,053 - 0% (43,947) 43,947
CDBG 360,406 6,749.00 2% 5,550 1,199
County Park Prop A - - 100% - -
Prop A Transit 1,471,695 1,082,148.34 74% 1,065,648 16,500 Air Quality 43,000 42,999.98 100% (15,782) 58,782
Drought - - 0% - -
STPL - - 0% - -
TDA 19,000 19,000.00 100% - 19,000
Prop C Transit 650,000 - 0% - -
OTS Grant - 9,325.74 0% 7,311 2,015
Used Oil Grant - 10,756.54 0% 10,757 -
CADept of Conservation Fund 91,000 - 0% - -
Bodyworn Camera Grant 61,948 - 0% - -
COPS 431,169 81,928.71 19% 81,929 -
Homeland Security Grant - - 0% - -
County Measure R 755,000 574.75 0% 575 -
Measure W Clean Water Fund 267,418 22,353.25 8% 22,353 - County Measure M 1,225,000 - 100% - -
Total Special Revenue 6,606,689 1,275,836 19% 1,134,394 141,442 Capital Projects Funds
Capital Projects 13,844,331 1,385,149.72 10% (1,154,543) 2,539,693 Debt Service Funds
Debt Service - - 0% (574,888) 574,888
Internal Service Funds
Capital Equipment 820,379 298,709.43 36% 202,789 95,920 Total Expenditures 56,751,564 22,016,362 39% 2,272,384 19,743,978 All Expenditures by Fund
For Quarter Ended December 31, 2024 -- 50% of Fiscal Year Complete PAGE 249 of 257
FISCAL IMPACT & PROCUREMENT REVIEW
This report possesses 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 December 31, 2024.”
ATTACHMENTS
1. Revenue Summary Report at December 31, 2024
2. Expenditure Summary Report at December 31, 2024
PAGE 250 of 257
FY 23‐24
Budget @ 12.31.24 % @ 12.31.23 $%
GOVERNMENTAL FUNDS (UNRESTRICTED)
General Fund (101)
Taxes
Property Taxes 20,150,000 8,514,609 42% 8,154,932 359,677 4.4% Sales Taxes 627,000 148,564 24% 181,566 (33,002) ‐18% Franchise Taxes 724,000 175,459 24% 163,313 12,145 7% Property Transfer Taxes 211,000 130,475 62% 113,033 17,442 15% Utility Users Taxes 2,188,900 1,083,062 49% 902,097 180,965 20% Business License Taxes 446,000 212,078 48% 193,615 18,463 10% Subtotal Taxes 24,346,900 10,264,248 42% 9,708,557 555,691 5.7% Licenses & Permits
Street & Curb Permits 125,000 55,615 44% 76,309 (20,694) ‐27% Building Permits 723,000 671,798 93% 389,689 282,109 72% Tree Permits 44,000 21,295 48% 23,785 (2,490) ‐10% Bicycle Licenses ‐ 100% ‐ 00%
Film Permits 25,000 25,961 104% 7,954 18,007 226% Subtotal Licenses & Permits 917,000 774,669 84% 497,737 276,932 56% Charges for Service
Administration 375 659 176% 382 277 72%
Planning & Building Department 489,000 333,976 68% 244,466 89,510 37% Public Works, Streets, Parks Department 132,000 55,488 42% 55,320 168 0% Recreation Department 719,707 192,130 27% 179,131 12,999 7% Library Department 176,250 79,763 45% 90,081 (10,319) ‐11% Subtotal Charges for Service 1,517,332 662,015 44% 569,380 92,635 16% Intergovernmental
VLF 14,500 ‐ 0% ‐ ‐ 0%
VLF Swap (Motor Vehicle In‐Lieu) 2,100,456 ‐ 0% ‐ ‐ 0%
COVID‐19 Reimbursements ‐ ‐ 100% ‐ ‐ 100%
Cenic Rebates 10,560 ‐ 0% ‐ ‐ 0%
Subtotal Intergovernmental 2,125,516 ‐ 0% ‐ ‐ 0%
Fines & Forfeitures
Fines & Fees 500 250 50% 75 175 233%
Tree Fines 4,500 830 18% ‐ 830 0%
Business License NOVs & Admin Citation Fees 11,200 210 2% 300 (90) ‐30% Subtotal Fines & Forfeitures 16,200 1,290 8% 375 915 244% Money & Property
Rentals ‐ PW ‐ 4,525 100% ‐ 4,525 0%
Rents & Concessions ‐ Park 187,800 106,024 56% 103,220 2,804 3% Rents & Concessions ‐ Recreation 0 ‐ 100% ‐ ‐ 0%
Rents & Concessions ‐ SMCC 75,140 29,095 39% 7,141 21,954 307% Library Rentals 2,500 920 37% 674 246 ‐801%
Unrealized Gain (Loss) on Investments ‐ 75,405 100% 80,807 (5,402) 0% Interest Income 430,000 228,254 53% 239,157 (10,903) ‐5% Subtotal Money & Property 695,440 444,222 64% 430,999 13,224 3% Miscellaneous
Miscellaneous 760,000 754,719 99% 4,841 749,878 15491% Damage to City Property 5,000 ‐ 0% 31,233 (31,233) ‐100% Sale of Property 5,000 ‐ 0% 4,046 (4,046) ‐100% City Reimbursements 500 ‐ 0% 8,415 (8,415) ‐100% Old Mill Reimbursements ‐ ‐ 100% ‐ 00%
Miscellaneous ‐ Library ‐ ‐ 100% 57 (57) ‐100%
Subtotal Miscellaneous 770,500 754,719 98% 48,591 706,127 1453% 30,388,888 12,901,163 42% 11,255,639 1,645,523 15% Public Safety Fund (103)
Taxes
Property Taxes 3,528,294 1,431,011 41% 1,420,959 10,052 1% Augmentation Fund 218,100 65,060 30% 66,715 (1,655) ‐2% Subtotal Taxes 3,746,394 1,496,071 40% 1,487,674 8,397 1% Charges for Service
Shared Fire Command ‐ 8,482 100% ‐ 8,482 0%
Paramedic Services 673,000 323,217 48% 391,870 (68,652) ‐18% All Other Charges 73,300 49,907 68% 34,383 15,524 45%
Subtotal Charges for Service 746,300 381,605 51% 426,252 (44,647) ‐10% Intergovernmental
POST and GEMT Reimbursements 9,000 7,128 79% 21,193 (14,065) ‐66% General Fund Total
Fiscal Year 2024‐25
Revenue Summary Report
For Quarter Ended December 31, 2024 ‐‐ 50% of Fiscal Year Complete Fiscal Year 2024‐25 Current Year v. Prior Year
Attachment #1
PAGE 251 of 257
FY 23‐24
Budget @ 12.31.24 % @ 12.31.23 $%
Fiscal Year 2024‐25
Revenue Summary Report
For Quarter Ended December 31, 2024 ‐‐ 50% of Fiscal Year Complete Fiscal Year 2024‐25 Current Year v. Prior Year
Subtotal Intergovernmental 9,000 7,128 79% 21,193 (14,065) ‐66% Fines & Fees
Parking Citations 23,400 7,072 30% 7,217 (145) ‐2% Vehicle Code Fines 65,000 37,123 57% 38,307 (1,184) ‐3% Subtotal Fines & Fees 88,400 44,195 50% 45,524 (1,329) ‐3% Miscellaneous
Strike Team Reimbursements 75,000 ‐ 0% ‐ 0 0% All Other Misc 4,900 3,580 73% 4,484 (905) ‐20% Subtotal Miscellaneous 79,900 3,580 4% 4,484 (905) ‐20% 4,669,994 1,932,580 41% 1,985,128 (52,548) ‐3% Fourth of July Fund (104) 75,425 53,223 71% 47,545 5,678 12% San Marino Center Fund (105) 0 ‐ 100% ‐ 0 0% American Rescue Fund (245) 401,406 ‐ 0% ‐ 0 0% Donations Fund (281) 117,600 127,722 109% 30,645 97,077 317% GENERAL FUNDS GROUP TOTAL 35,653,313 15,014,687 42% 13,318,957 1,695,730 13%
SPECIAL REVENUE FUNDS (RESTRICTED)
Gas Tax Fund (202)
Interest Income 5,700 17,034 299% 272 16,762.01 6152% Section 2105 77,920 34,011 44% 32,345 1,666.07 5% Section 2106 48,657 21,639 44% 20,728 910.49 4% Section 2107 106,488 48,298 45% 44,922 3,375.85 8% Section 2107.5 3,000 ‐ 0% 3,000 (3,000) ‐100% Section 2032 321,210 114,385 36% 104,234 10,151 10% Traffic Congestion Relief ‐ Prop 42 ‐ ‐ 100% ‐ ‐ 0% Section 2103 111,453 58,544 53% 54,942 3,602 7% 674,428 293,911 44% 260,443 33,468 13% Community Development Block Grant Fund (204) 360,406 2,870 1% 1 2,869 292728% County Park Prop A Fund (206) 0 ‐ 0% 0 0 0% Prop A Transit Fund (207) 427,314 195,115 46% 193,897 1,218 1% Drought Fund (209) 1,000 884 88% 685 198 29% Air Quality Management District Fund (212) 19,000 4,416 23% 5,749 (1,333) ‐23% STPL Fund (213) 210 95 45% 74 21 29% Transportation Development Act (TDA) Fund (214) 19,340 27 0% 288 (262) ‐91% Prop C Transit Fund (215) 326,770 157,792 48% 150,811 6,980 5% Public Education and Government (PEG) Fund (216) 51,000 23,522 46% 14,454 9,068 63% Asset Forfeiture (Police) (217) 3,200 1,450 45% 1,124 326 29% Total Public Safety Fund
Total Gas Tax Fund
PAGE 252 of 257
FY 23‐24
Budget @ 12.31.24 % @ 12.31.23 $%
Fiscal Year 2024‐25
Revenue Summary Report
For Quarter Ended December 31, 2024 ‐‐ 50% of Fiscal Year Complete Fiscal Year 2024‐25 Current Year v. Prior Year
Granada Ave. Assessment Dist. #2 Fund (220) ‐ ‐ 100% ‐ 0 0% Used Oil Grant Fund (221) 1,200 406 34% 424 (18) ‐4% OTS Grant Fund (223) 20,760 ‐ (893) 4% ‐ (893) 0% California Recycling Grant Fund (226) 103,000 5,507 5% 4,270 1,237 29% Bodywarn Camera Fund (228) 61,948 ‐ 0% ‐ 0 0% Citizens' Option for Public Safety (COPS) Fund (233) 236,000 190,268 81% 179,684 10,585 6% Homeland Security Grant (240) ‐ 0 100% 0 0 0% Measure R Transit Fund (243) 521,077 90,412 17% 104,629 (14,216) ‐14% Measure W Clean Water Fund (246) 292,000 258,290 88% 15,711 242,579 1544% Measure M Transit Fund (247) 296,054 159,431 54% 133,778 25,652 19% SPECIAL REVENUE RESTRICTED FUNDS TOTALS 3,414,707 1,383,501 41% 1,066,023 317,479 30%
PROPRIETARY FUNDS (INTERNAL SERVICES)
Capitalized Equipment Fund (591) 728,456 393,187 54% 317,798 75,389 24% INTERNAL SERVICE FUNDS TOTALS 728,456 393,187 54% 317,798 75,389 24%
CAPITAL PROJECTS FUND
Interest Income ‐ ‐ 100% ‐ 0 0% Reimbursement ‐ ‐ 100% ‐ ‐ 0% Huntington Library Donation 25,000 ‐ 0% ‐ 0 0% ‐ 25,000 0% 0 0 0%
FIDUCIARY FUNDS
Agency Fund (609) 0 8,287 0% 5,604 2,683 48% FIDUCIARY FUNDS TOTALS 0 8,287 0% 5,604 2,683 48% ALL REVENUE GROUPS & FUNDS TOTAL 39,821,476 16,799,663 42% 14,708,382 2,091,281 14% PAGE 253 of 257
FY 23‐24
Budget @ 12.31.24 % @ 12.31.23 $%
GOVERNMENTAL FUNDS (UNRESTRICTED)
General Fund (101)
City Council 29,475 17,465 59% 14,850 2,615 18%
City Attorney 405,000 136,927 34% 66,880 70,047 105%
Non‐Departmental 2,567,262 1,739,928 68% 803,240 936,689 117% City Manager's Office 970,213 374,156 39% 390,380 (16,224) ‐4% Human Resources 792,289 374,972 47% 238,851 136,120 57% Finance Department 872,385 378,058 43% 424,314 (46,256) ‐11% Administration 5,636,624 3,021,505 54% 1,938,515 1,010,329 52% Community Development Department 2,605,974 1,041,763 40% 991,900 49,863 5% Emergency Services 61,150 20,569 34% 21,208 (639) ‐3%
Public Works, Streets, Parks Department
Administration 667,508 339,109 51% 232,916 106,193 46%
Fleet 268,482 129,094 48% 162,825 (33,731) ‐21%
Sewers 302,710 122,889 41% 133,729 (10,840) ‐8%
Streets 1,103,790 441,242 40% 475,363 (34,122) ‐7%
Parks 546,734 285,557 52% 274,108 11,449 4%
Public Grounds 1,138,727 704,320 62% 555,618 148,701 27% Buildings 278,530 104,300 37% 113,236 (8,936) ‐8%
Subtotal Parks & PW 4,306,481 2,126,509 49% 1,947,795 178,714 9% Recreation Department
CSD ‐ Admin 809,688 365,648 45% 315,221 50,427 16%
Rec‐ Administration 495,290 229,070 46% 242,657 (13,587) ‐6% Aquatics 149,538 55,570 37% 48,408 7,162 15%
Youth 342,218 136,123 40% 131,343 4,781 4%
Adult 24,230 11,127 46% 19,192 (8,065) ‐42%
Community Events & Enrichment 173,568 76,354 44% 105,044 (28,690) ‐27% Contract Classes 150,613 71,093 47% 86,984 (15,891) ‐18% Facilities & Rentals 170,168 79,740 47% 44,913 34,827 78% San Marino Center/Thurnher House 0 0 0% 0 ‐ 0%
Subtotal Recreation 2,315,313 1,024,725 44% 993,762 30,963 3% Library Department
Administration 501,273 255,200 51% 301,439 (46,239) ‐15% Adult Services 310,593 110,155 35% 156,159 (46,004) ‐29% Children's Services 289,496 122,708 42% 110,605 12,103 11% Processing 28,377 10,192 36% 10,885 (693) ‐6%
Circulation 472,039 195,710 41% 182,841 12,868 7%
Subtotal Library 1,601,778 693,965 43% 761,930 (67,964) ‐9% El Molino Viejo 60,000 60,000 100% ‐ 60,000.00 0% Total General Fund 16,587,320 7,989,036 48% 6,655,108.31 1,333,927 20% Public Safety Fund (103)
Police Department 9,652,432 4,909,125 51% 4,501,832 407,293 9% Fire Department 7,275,120 4,142,032 57% 3,820,878 321,154 8% Public Safety Fund 16,927,552 9,051,157 53% 8,322,710 728,447 9% Fourth of July Event Fund (104)
4th of July 122,594 71,151 58% 64,839 6,312 10%
4th of July Event Fund 122,594 71,151 58% 64,839 6,312 10% San Marino Center Fund (105)
San Marino Center ‐ ‐ 0% ‐ ‐ 0%
SM Center Fund ‐ ‐ 0% ‐ ‐ 0%
Donations to City Fund (281)
Police 10,500 5,000 48% 0 5,000 0%
Fire ‐ ‐ 0% ‐ ‐ 0%
Lacy Park 87,441 425 0% 6,599 (6,174) ‐94%
Recreation 2,300 903 39% 0 903 0%
Preschool ‐ ‐ 0% ‐ ‐ 0%
Fiscal Year 2024‐25
Expenditure Summary Report
For Quarter Ended December 31, 2024 ‐‐ 50% of Fiscal Year Complete Fiscal Year 2024‐25 Current Year v. Prior Year
Attachment #2
PAGE 254 of 257
FY 23‐24
Budget @ 12.31.24 % @ 12.31.23 $%
Fiscal Year 2024‐25
Expenditure Summary Report
For Quarter Ended December 31, 2024 ‐‐ 50% of Fiscal Year Complete Fiscal Year 2024‐25 Current Year v. Prior Year
Thurnher House ‐ ‐ 0% ‐ ‐ 0% Library Administration 2,000 48 2% ‐ 48 0% Library Adult Services 16,500 3,039 18% 3,012 27 1% Library Children's Services 26,500 12,127 46% 6,176 5,950 96% Donations to City Fund 145,241 21,541 15% 15,787 5,755 36% American Rescue Plan Fund (245)
HVAC System & ARPA Bonus Pay ‐ ‐ 0% 6,236 (6,236) ‐100% American Rescue Plan Fund ‐ ‐ 0% 6,236 (6,236) ‐100% Workers' Compensation Fund (595)
Administration ‐ 2,427 0% ‐ 2,427 0% Human Resources 283,795 263,381 93% 228,072 35,309 15% Community Development 6,660 ‐ 0% 2,908 ‐ (2,908) 100% Police 146,520.00 257,220 176% 191,652 65,568 34% Fire 244,200 423,106 173% 137,876 285,230 207% PW Administration 26,640 297 1% 252 44 18% Recreation Administration 6,660 1,775 27% 41 1,734 4245% Library Administration 6,660 ‐ 0% ‐ ‐ 0% Workers' Comp Fund 721,135 948,207 131% 560,802 387,405 69% General Liability Fund (596)
CJPIA Insurance Premiums 976,323 975,575 100% 766,554 209,021 27% General Liability Fund 976,323 975,575 100% 766,554 209,021 27% GENERAL FUND GROUP TOTAL 35,480,165 19,056,667 54% 16,392,035 2,664,632 16%
SPECIAL REVENUE FUNDS (RESTRICTED)
Gas Tax Fund (202)
Street Rehabilitation 1,231,053 0 0% 43,947 (43,947) ‐100% Gas Tax Fund 1,231,053 0 0% 43,947 (43,947) ‐100%
Community Development Block Grant Fund (204) 360,406 6,749 2% 1,199 5,550 463% Prop A Transportation Fund (207)
Administration/Finance 1,160,500 1,000,000 86% 0 1,000,000 0% Streets 188,565 2,840 2% ‐ 2,840 0% Walking School Bus 70,000 50,000 71% ‐ 50,000 0% Youth 42,500 23,853 56% 15,275 8,578 56%
Adult 10,130 5,455 54% 1,225 4,230 345%
Prop A Transportation Fund 1,471,695 1,082,148 74% 16,500 1,065,648 6458% 1,065,648
Air Quality Fund (212)
Vehicle Replace‐Comm Development & PD 43,000 43,000 100% 58,782 (15,782) ‐27% Air Quality Fund 43,000 43,000 100% 58,782 (15,782) ‐27% (15,782)
Transportation Development Act (TDA) Fund (214)
City Wide Sidewalk 19,000 19,000.00 100% 19,000 0 0% TDA Fund 19,000 19,000.00 100% 19,000 0 0% Prop C Transit Fund (215)
Streets 650,000 ‐ 0% ‐ ‐ 0% Prop C Fund 650,000 ‐ 0% ‐ ‐ 0% Used Oil Grant (221)
Planning & Building ‐ 10,757 0% ‐ 10,757 0% Used Oil Fund ‐ 10,757 0% ‐ 10,757 0% PAGE 255 of 257
FY 23‐24
Budget @ 12.31.24 % @ 12.31.23 $%
Fiscal Year 2024‐25
Expenditure Summary Report
For Quarter Ended December 31, 2024 ‐‐ 50% of Fiscal Year Complete Fiscal Year 2024‐25 Current Year v. Prior Year
OTS Grant (223)
Police Contract Services ‐ 9,326 0% 2,015 7,311 363% OTS Grant Fund ‐ 9,326 0% 2,015 7,311 363% CA Dept of Conservation Fund (226)
Street Rehabilitation 91,000 ‐ 0% ‐ ‐ 0% OTS Grant Fund ‐ 91,000 0% ‐ ‐ 0% Bodyworn Camera Fund (228)
Bodyworn Cameras 61,948 ‐ 0% ‐ ‐ 0% Bodyworn Camera GRant Fund ‐ 61,948 0% ‐ ‐ 0% COPS Fund (233)
Capital Equipment 138,410 81,929 ‐ ‐ Police Contract Services 292,759 0 0% ‐ 0 0% COPS Fund 431,169 81,929 19% ‐ 0 0% Measure R Fund (243)
Street Rehabilitation 755,000 575 0% ‐ 575 0% Measure R Fund 755,000 575 0% ‐ 575 0% Measure W Clean Water Fund (246)
Stormwater 267,418 22,353 8% ‐ 22,353 0% Measure W Fund 267,418 22,353 8% ‐ 22,353 0% Measure M Fund (247)
Street Rehabilitation 1,225,000 ‐ 0% ‐ ‐ 0% Measure M Fund 1,225,000 ‐ 0% ‐ ‐ 0% SPECIAL REVENUE RESTRICTED FUNDS TOTALS 6,606,689 1,275,836 19% 141,442 1,052,466 744%
CAPITAL PROJECTS FUNDS
Capital Projects Fund (394)
PD Utilization Study 3,705.00 3,705 100% 10,602 (6,898) ‐65% FS Bathroom Remodel 18,250.00 ‐ 0% ‐ 0 0% EOC Improvements 11,394 ‐ 0% 0 0% San Marino Center Renovations 479,251 967 0% 1,581,540 (1,580,573) ‐100% Emergency Generator System 31,888 ‐ 0% ‐ 0 0% City Hall Re‐Carpeting 60,000 ‐ 0% ‐ 0 0% City Hall Campus Roof Repair 50,000 ‐ 0% ‐ 0 0% PW Facility Renovations 175,545 ‐ 0% 4,455 (4,455) 0% Public Works Vehicle Awning Co 15,000 ‐ 0% ‐ 0 0% Holiday House Restoration ‐ 0% 1,231 (1,231) 0% Stoneman Path Forward 130,000 ‐ 0% ‐ 0 Citywide Irrigation Upgrades 80,261 10,037 13% ‐ 10,037 0% Stoneman Facility Upgrades 319,900 ‐ 0% ‐ 0 0% EV Charging Stations 150,000 2,445 2% ‐ 2,445 0% Fuel Station Awning Cover 60,000 ‐ 0% ‐ 0 0% Sewer Projects 0% 0
Drainage Wash Improvement Program 50,000 ‐ 0% ‐ 0 0% Sewer/Storm Drain Replacement 191,833 ‐ 0% ‐ 0 0% Sewer System Mgmt Plan Update 13,372 ‐ 0% ‐ 0 0% Sewer Master Plan 53,583 ‐ 0% ‐ 0 0% Catch Basin Replacement 37,356 ‐ 0% ‐ 0 0% Culvert Replacement Program 420,939 13,275 3% ‐ 13,275 0% Lift Station Replacements 2,590,690 176,356 7% 40,586 135,770 335% Street Projects 0
Street Rehab Program 6,361,594 707,930 11% 455,137 252,793 56% Pavement Condition Assessment 6,613 6,613 100% 3,000 3,613 120% PAGE 256 of 257
FY 23‐24
Budget @ 12.31.24 % @ 12.31.23 $%
Fiscal Year 2024‐25
Expenditure Summary Report
For Quarter Ended December 31, 2024 ‐‐ 50% of Fiscal Year Complete Fiscal Year 2024‐25 Current Year v. Prior Year
Street Tree Management Plan 78,685 2,075 3% 3,567 (1,492) ‐42% Sidewalk Repair ‐ Various Streets 477,752 391,469 82% 395,873 (4,404) ‐1% City Wide Traffic Study ‐ 0% 15,137 (15,137) ‐100% Citywide Traffic Improvements 135,870 36,522 27% 270 36,252 13427% Traffic Signal Cabinets 113,215 ‐ 0% 28,295 (28,295) Huntington/Mission St. Beautification 500,000 ‐ 0% ‐ 0 0% Neighborhood Traffic Calming 54,359 ‐ 0% ‐ 0 0% Bridge Maintenance Program 20,000 ‐ 0% ‐ 0 0% Alley & Parking Lot Improvements 519,246 4,260 1% 4,260 0% Biennial Striping & Markings 105,130 29,495 28% ‐ 29,495 0% Streetlight Management Plan 150,000 ‐ 0% ‐ 0 0% Lacy Park Projects 0
Lacy Park Playground Management Program 243,900 ‐ 0% ‐ 0 0% Condition Assessment 50,000 ‐ 0% ‐ 0 0% Barth Room Lighting 10,000 ‐ 0% ‐ 0 0% Old Mill Facility Repairs 75,000 ‐ 0% ‐ 0 0% Capital Projects Fund 13,844,331 1,385,150 10% 2,539,693 (1,154,543) ‐45% CAPITAL PROJECTS FUNDS TOTAL 13,844,331 1,385,150 10% 2,539,693 (1,154,543) ‐45%
DEBT SERVICE FUNDS
Debt Service Fund (401)
Interest Expense ‐ ‐ 0% 29,888 (29,888) ‐100% Principal Repayment ‐ ‐ 0% 545,000 (545,000) ‐100% Debt Service Fund ‐ ‐ 0% 574,888 (574,888) ‐100% DEBT SERVICE FUNDS TOTAL ‐ ‐ 0% 574,888 (574,888) ‐100%
PROPRIETARY FUNDS (INTERNAL SERVICES)
Capitalized Equipment Fund (591)
Non‐Departmental 0% ‐ 0%
Finance 265,000 63,387 24% 5,943 57,444 967% Police 8,000 ‐ 0% 15,756 ‐ (15,756) 100% Fire 277,756 185,591 67% 887 184,704 20818% Fleet 190,000 13,583 7% 2,016 11,568 574% Streets 25,000 24,524 98% 71,317 ‐ (46,793) 66% Lacy Park 11,623 11,623 100% ‐ 11,623 0% Library Administration 43,000 ‐ 0% ‐ ‐ 0% Capitalized Equipment Fund 820,379 298,709 36% 95,920 202,789 211% INTERNAL SERVICE FUNDS TOTAL 820,379 298,709 36% 95,920 202,789 211% ALL EXPENDITURE GROUPS & FUNDS TOTAL 56,751,564 22,016,362 39% 19,743,978 2,190,456 11% PAGE 257 of 257