AGENDA – DECEMBER 10, 2025 PAGE 1 of 704
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
REGULAR MEETING OF THE
SAN MARINO CITY COUNCIL
WEDNESDAY, DECEMBER 10, 2025 AT 6:00 PM
CITY HALL COUNCIL CHAMBERS
2200 HUNTINGTON DRIVE
SAN MARINO, CA 91108
The City of San Marino appreciates your attendance. Citizens’ interest provides the Council with valuable information regarding issues of the community.
Regular meetings are held on the 2nd Wednesday of every month at 6:00 p.m. Typically, adjourned meetings are held on the last Friday of every month at 8:30 a.m.
In compliance with the Americans with Disabilities Act, any person with a disability who requires a reasonable modification or accommodation in order to participate in a meeting should contact the City Clerk via email at [email protected] or by phone at (626) 300-0705 48 hours 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 of the meeting. Written public comment received by 3:00 p.m. will be distributed to City Council during the meeting. Any comments received after 3:00 p.m. will be included in AGENDA – DECEMBER 10, 2025 PAGE 2 of 704
the public comment record but not provided to City Council at the meeting. Written public comment will also be accepted electronically via the Zoom.us teleconference module during the meeting. Written Zoom comments will be accepted after the in-person comments. Once the Mayor calls for Zoom comments, they will be read or summarized in the order received, then made part of the public record for the meeting. No further Zoom comments will be read after the conclusion of public comment for that item.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
Council Member Chang, Council Member Chou, Council Member Lo, Vice Mayor Chou, 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.
CITY MANAGER'S REPORT
This is an opportunity for the City Manager to inform the City Council and the public of any upcoming events or matters of interest to the community.
CEREMONIAL
PRESENTATION OF CITY TILES TO, AND REMARKS FROM, OUTGOING
MAYOR GRETCHEN SHEPHERD ROMEY
REORGANIZATION OF THE CITY COUNCIL BY SELECTING A MAYOR AND AGENDA – DECEMBER 10, 2025 PAGE 3 of 704
VICE MAYOR
REMARKS FROM THE NEWLY APPOINTED MAYOR
CONSENT CALENDAR
1. AWARD OF CONTRACT FOR SOLID WASTE AND RECYCLING
CONSULTING SERVICES TO ECONOMICS INC. THROUGH JUNE 30,
2028, IN AN AMOUNT NOT TO EXCEED $320,420, APPROVAL OF FIVEYEAR SERVICE AGREEMENT WITH TERRA COMPLIANCE FOR SB 1383 COMPLIANCE SOFTWARE IN THE AMOUNT OF $75,000 AND WAIVER OF COMPETITIVE BIDDING REQUIREMENTS; APPROVAL OF BUDGET
AMENDMENTS
Recommendation: Staff recommends that the City Council 1)approve an award of contract to Economics, Inc. for solid waste and recycling consulting services through June 30, 2028, in an amount not to exceed $320,420, 2) approve an agreement with Terra Compliance for solid waste/recycling compliance monitoring and tracking software in the amount of $75,000 and waive competitive bidding requirements pursuant to Municipal Code Section 2.06.05, 3) authorize the City Manager to execute both agreements on behalf of the City, and 4) approve budget amendments in the amount of $149,970 to Account #101-40-4104-0000, $15,000 to Account #101-40-4150-0500, and $318,750 to Revenue Account #101-40-3701-0000. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to 1) approve an award of contract to Economics, Inc. for solid waste and recycling consulting services through June 30, 2028, in an amount not to exceed $320,420, 2) approve an agreement with Terra Compliance for solid waste/recycling compliance monitoring and tracking software in the amount of $75,000 and waive competitive bidding requirements pursuant to Municipal Code Section 2.06.05, 3) authorize the City Manager to execute both agreements on behalf of the City, and 4) approve budget amendments in the amount of $149,970 to Account #101-40-4104- 0000, $15,000 to Account #101-40-4150-0500, and $318,750 to Revenue Account #101-40-3701-0000.”
2. APPROVAL OF AMENDMENT NO. 2 TO THE AGREEMENT WITH EIDE BAILLY, LLP TO INCREASE NOT-TO- EXCEED AMOUNT TO $90,000
AND EXTEND THE CONTRACT TERM
Recommendation: Staff recommends the Council approve amendment No. 2 to the agreement with Eide Bailly, LLP.
If the City Council concurs with staff’s recommendation an appropriate motion would be:
”I move to approve Amendment No. 2 to the agreement with Eide Bailly, LLP and authorize the City Manager to execute the amendment.”
AGENDA – DECEMBER 10, 2025 PAGE 4 of 704
3. APPROVAL OF AN INCREASE OF $17,500 TO PURCHASE ORDER NUMBER 1210 WITH INGRAM CONTENT GROUP FOR BOOKS TO
MAINTAIN THE LIBRARY’S COLLECTION
Recommendation: Staff recommends the Council approve of an increase of $17,500 to Purchase Order Number 1210 with Ingram Content Group for books to maintain the Library’s collection. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve of an increase of $17,500 to Purchase Order Number 1210 with Ingram Content Group for books to maintain the Library’s collection.”
4. APPROVAL OF AMENDMENT #1 TO COMMUNITY SERVICES GUIDE
PRODUCTION AGREEMENT WITH THE SAUCE CREATIVE SERVICES
CORP TO INCLUDE POSTAGE COSTS
Recommendation: Staff recommends the City Council approve Amendment #1 to Community Services Guide Production Agreement with The Sauce Creative Services Corp to include postage costs. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve Amendment #1 to Community Services Guide Production Agreement with The Sauce Creative Services Corp to include postage costs, with the City Manager being authorized to execute the amendment on behalf of the City.”
5. APPROVAL OF 1) CONTRACT AMENDMENT NO. 4 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH DUDEK FOR
ENGINEERING SERVICES DURING CONSTRUCTION FOR THE LIFT
STATION IMPROVEMENT PROJECT, EXTENDING THE TERM THROUGH JUNE 30, 2026, 2) CONTRACT AMENDMENT NO. 1 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH Z&K CONSULTANTS FOR
CONSTRUCTION MANAGEMENT & INSPECTION SERVICES FOR THE
LIFT STATION IMPROVEMENT PROJECT, EXTENDING THE TERM
THROUGH JUNE 30, 2026, AND 3) AUTHORIZE THE CITY MANAGER TO
EXECUTE THE AMENDMENTS ON BEHALF OF THE CITY
Recommendation: Staff recommends that the City Council 1) approve Amendment No. 4 with Dudek for engineering services during construction for the Lift Station Improvement Project, extending the term through June 30, 2026, 2) approve Amendment No.1 with Z&K Consultants for construction management and inspection services for the Lift Station Improvement Project, extending the term through June 30, 2026, and 3) authorize the City Manager to execute the amendments on behalf of the City. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to 1) approve Amendment No. 4 with Dudek for engineering services during construction for the Lift Station Improvement Project, extending the term through June 30, 2026, 2) approve Amendment No. 1 with Z&K Consultants for construction management and inspection services for the Lift Station Improvement Project, AGENDA – DECEMBER 10, 2025 PAGE 5 of 704
extending the term through June 30, 2026, and 3) authorize the City Manager to execute the amendments on behalf of the City.”
6. ACCEPTANCE OF 2024 STATE HOMELAND SECURITY PROGRAM
(SHSP) GRANT FUNDS
Recommendation: Staff recommends the Council 1) authorize the City Manager to accept the 2024 SHSP grant funds and execute the subrecipient agreement with the County of Los Angeles for a performance period of September 1, 2024, to May 31, 2027; and 2) approve budget amendments needed. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to authorize the City Manager to accept the 2024 SHSP grant funds and 1) execute the subrecipient agreement with the County of Los Angeles for a performance period of September 1, 2024, to May 31, 2027; and 2) approve budget amendments needed.”
7. RECEIVE AND FILE ANNUAL COMPREHENSIVE FINANCIAL REPORT (ANNUAL AUDIT) FOR THE FISCAL YEAR ENDED JUNE 30, 2025
Recommendation: Staff recommends that this annual financial statement be received and filed. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to receive and file the audited financial statements for the fiscal year ended June 30, 2025.”
8. RATIFICATION OF THE FY 2024-25 CALIFORNIA STATE LIBRARY REPORT
Recommendation: Staff recommends the Council ratify the FY 2024-25 California State Library Report. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to ratify the FY 2024-25 California State Library Report.”
9. 2-YEAR COMMUNITY CENTER UTILIZATION REPORT
Recommendation: Staff recommends the Council receive and file the report. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to receive and file the 2-Year Community Center Utilization Report.”
10. SCHEDULED VACANCIES FOR COMMISSIONS, COMMITTEES, AND BOARDS FOR CALENDAR YEAR 2026
Recommendation: Staff recommends the Council accept and file the Local Appointments List for all City commissions, committees, and boards for calendar year 2026, and direct the City Clerk to post the list. If the City Council concurs with AGENDA – DECEMBER 10, 2025 PAGE 6 of 704
staff’s recommendation, an appropriate motion would be:
”I move to accept and file the Local Appointments List for all City commissions, committees, and boards for calendar year 2026, and direct the City Clerk to post the list.”
11. CASH AND INVESTMENT REPORT FOR THE MONTH OF OCTOBER 2025
Recommendation: Staff recommends the Council receive and file this report. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to receive and file the Cash and Investment Report for the Month of October 2025.”
12. RECEIVE AND FILE MONTHLY DISBURSEMENTS REPORT FOR
NOVEMBER 2025
Recommendation: Staff recommends the Council receive and file the Monthly Disbursements Report for the month of November 2025. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to receive and file the Monthly Disbursements Report for the month of November 2025.”
13. APPROVAL OF MINUTES
Recommendation: Staff recommends the Council approve the November 2025 Minutes. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the Minutes of the Regular Meeting of November 12, 2025.”
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: 12/05/2025 ALISON WALKER
CITY CLERK
City Manager’s Report and
Operational Dashboard
December 10, 2025
PAGE 7 of 704
City Manager’s Report and Operational
Dashboard
December 10, 2025
84 90 102
98 87
0 50
100
150
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
In-City Incidents
FY 24-25 FY 25-26
84 78 81 85
85 -10
40 90
140
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Out-of-City Incidents
FY 24-25 FY 25-26
Fire
Fiscal Year 24-25 Total: 1,080 Current Fiscal Year-to-Date Total: 461 Fiscal Year 24-25 Total: 994 Current Fiscal Year-to-Date Total: 413 PAGE 8 of 704
City Manager’s Report and Operational
Dashboard
December 10, 2025
0 2
1 2
1 0
1 2
3 4
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Emergency Medical Services - Cardiac Arrests
FY 24-25 FY 25-26
0 0 0 0 0
0 1
2 3
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Emergency Medical Services - Return of Spontaneous
Circulation
FY 24-25 FY 25-26
Fire
Fiscal Year 24-25 Total: 14 Current Fiscal Year-to-Date Total: 6 Fiscal Year 24-25 Total: 2 Current Fiscal Year-to-Date Total: 0 PAGE 9 of 704
City Manager’s Report and Operational
Dashboard
December 10, 2025
0:01:09 0:01:10 0:01:00 0:01:08 0:01:17
0:00:00
0:00:43
0:01:26
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
90th Percentile Response Time: EMS Turnout
FY 24-25 FY 25-26
0:01:40 0:01:17 0:01:04 0:01:01
0:01:29
0:00:00
0:01:26
0:02:53
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
90th Perentile Response Time: Fire Turnout
FY 24-25 FY 25-26
0:06:12 0:06:31 0:05:53 0:06:28 0:05:58
0:02:53
0:07:12
0:11:31
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
90th Percentile Response Time: Overall Response
FY 24-25 FY 25-26
The San Marino Fire Department has adopted the National Fire Protection Association (NFPA) 1710 standards for response time reporting. NFPA standards represent aspirational goals for Fire Departments. By measuring response in percentiles rather than averages, the Fire Department is able to more accurately measure performance of responding units. The time reported as the 90th percentile turnout or response time means that 90% of incidents were as fast, or faster, than the reported time.
Fire
Fiscal Year 24-25 Response Rate: 1 min 3 sec Current Fiscal Year Response Rate: 1 min 9 sec Fiscal Year 24-25 Response Rate: 1 min 16 sec Current Fiscal Year Response Rate: 1 min 18 sec Fiscal Year 24-25 Response Rate: 6 min 2 sec Current Fiscal Year Response Rate: 6 min 12 sec Turnout Time - the amount of time after dispatch for firefighters to don safety equipment and start vehicle response.
Overall Response Time - the total amount of time it takes to respond to an incident, from initial dispatch to arriving on scene.
PAGE 10 of 704
City Manager’s Report and Operational
Dashboard
December 10, 2025
5 4
2 6 6
0 5
10 15
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Residential Burglaries
FY 24-25 FY 25-26
9 9 9
7 8
0 5
10 15
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Larcenies
FY 24-25 FY 25-26
Police
Fiscal Year 24-25 Total: 79 Current Year-to-Date Total: 23 Fiscal Year 24-25 Total: 113 Current Year-to-Date Total: 42 Burglary - the act of entering a premise with the intent of committing a felony or stealing property.
Larceny - the unlawful removal of property. Any person who feloniously steals, takes, carries, leads or drives away the personal property of another is guilty of larceny theft by either misdemeanor of felony larceny.
PAGE 11 of 704
City Manager’s Report and Operational
Dashboard
December 10, 2025
129 129 103
143
240
0 100
200
300
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Traffic Citations Issued
FY 24-25 FY 25-26
1 3
10 12
0 0
5 10
15 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Community Meetings
FY 24-25 FY 25-26
Fiscal Year 24-25 Total: 1,619 Current Year-to-Date Total: 744 Fiscal Year 24-25 Total: 63 Current Year-to-Date Total: 26 Police
PAGE 12 of 704
City Manager’s Report and Operational
Dashboard
December 10, 2025
90 77 82 85
46 0
50 100
150
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Building Permits Issued
FY 24-25 FY 25-26
5 3 8
7 3
0 5
10 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Tree Removal Permits Issued
FY 24-25 FY 25-26
4 3 2 1
6 0
10 20
30 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
New Business Licenses
FY 24-25 FY 25-26
Community Development
Fiscal Year 24-25 Total: 988 Current Year-to-Date Total: 380 Fiscal Year 24-25 Total: 49 Current Year-to-Date Total: 26 Fiscal Year 24-25 Total: 80 Current Year-to-Date Total: 16 PAGE 13 of 704
City Manager’s Report and Operational
Dashboard
December 10, 2025
0 2
5 4 1
0 5
10 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
ADU Permits Issued
FY 24-25 FY 25-26
3 4 3 8 4
0 5
10 15
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
ADU Applications Submitted
FY 24-25 FY 25-26
57 54 66 58 59
0 50
100
150
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Open Code Enforcement Cases
FY 24-25 FY 25-26
Community Development
Fiscal Year 24-25 Total: 34 Current Year-to-Date Total: 12 Fiscal Year 24-25 Total: 54 Current Year-to-Date Total: 22 Fiscal Year 24-25 Average per Month: 71 Current Year-to-Date Average per Month: 59 PAGE 14 of 704
City Manager’s Report and Operational
Dashboard
December 10, 2025
61 33
79 57
37 0
50 100
150
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Programs Offered
FY 24-25 FY 25-26
12602
3514
1443
3573
677
0 5,000
10,000
15,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Participants
FY 24-25 FY 25-26
27 29 36
48 36
0 20
40 60
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Rental Bookings
FY 24-25 FY 25-26
Community Services
Fiscal Year 24-25 Total: 720 Current Year-to-Date Total: 267 Fiscal Year 24-25 Total: 35,707 Current Year-to-Date Total: 21,809 Fiscal Year 24-25 Total: 346 Current Year-to-Date Total: 176 PAGE 15 of 704
City Manager’s Report and Operational
Dashboard
December 10, 2025
15,875 16,829 15,335 14,040 14,738
0 10,000
20,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Library Circulation Total
FY 24-25 FY 25-26
14,175 15,142 13,806 12,529 13,219
1,700 1,687
1,529
1,511 1,519
0 5,000
10,000
15,000
20,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
FY 2024-25 Library Circulation Breakdown
In-Person Digital
Fiscal Year 24-25 Total: 167,719 Current Year-to-Date Total: 76,817 Community Services
PAGE 16 of 704
City Manager’s Report and Operational
Dashboard
December 10, 2025
$1,449,398
$1,384,033
$1,008,566
$1,811,878
$1,308,581
$0
$5,000,000
$10,000,000
$15,000,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Revenues
FY 24-25 FY 25-26
$6,124,364
$2,736,603
$2,404,470
$3,196,598
$2,106,183 $0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Expenses
FY 24-25 FY 25-26
$139,407
$179,584
$135,197
$161,320
$129,679
$0
$100,000
$200,000
$300,000
$400,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Overtime Expenses
FY 24-25 FY 25-26
Finance
Fiscal Year 24-25 Total: $40,596,077 Year-to-Date Total: $6,962,456 Fiscal Year 24-25 Total: $46,255,179 Year-to-Date Total: $16,568,218 Fiscal Year 24-25 Total: $1,761,786 Year-to-Date Total: $745,187 PAGE 17 of 704
City Manager’s Report and Operational
Dashboard
December 10, 2025
$15,519,219
$13,084,337
$13,111,117
$11,632,506
$10,237,280
$0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
General Fund Balance at End of Each Month
FY 24-25 FY 25-26
$29,036,784
$27,945,761
$26,345,855
$24,401,896
$23,558,742
$0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
$40,000,000
$45,000,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Overall Cash Balance in the Bank at End of Each Month
FY 24-25 FY 25-26
Finance
PAGE 18 of 704
City Manager’s Report and Operational
Dashboard
December 10, 2025
99 98 97 99 99
90 100
110
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Full-Time Employees (112 budgeted)
FY 24-25 FY 25-26
64 65 60 58 57
0 50
100
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Part-Time Employees
FY 24-25 FY 25-26
Fiscal Year 24-25 Average: 105 Current Year-to-Date Average: 98 Human Resources
Fiscal Year 24-25 Average: 58 Current Year-to-Date Average: 61 Fiscal Year 24-25 Average: 6.1% Current Year-to-Date Average: 12.1% PAGE 19 of 704
City Manager’s Report and Operational
Dashboard
December 10, 2025
59 55 56 56 58
0 50
100
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Workers' Comp Claims (Total Open)
FY 24-25 FY 25-26
1 0
3 0
2 0
2 4
6 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Workers' Comp Claims (New)
FY 24-25 FY 25-26
34 31
57 76 67
0 50
100
150
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Workers' Comp Cumulative Days Off (in month)
FY 24-25 FY 25-26
Human Resources
Fiscal Year 24-25 Average: 65 Current Year-to-Date Average: 57 Fiscal Year 24-25 Total: 34 Current Year-to-Date Total: 6 Fiscal Year 24-25 Total: 672 Current Year-to-Date Total: 265 PAGE 20 of 704
City Manager’s Report and Operational
Dashboard
December 10, 2025
79% 75% 70% 72% 71%
0%
50%
100%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Performance Evaluation Completion Rate
FY 24-25 FY 25-26
Fiscal Year 24-25 Average: 68% Current Year-to-Date Average: 73% Human Resources
PAGE 21 of 704
City Manager’s Report and Operational
Dashboard
December 10, 2025
51 42
57 55
36 0
50 100
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Maintenance Service Requests Opened
FY 24-25 FY 25-26
6% 6% 5% 6%
4%
0%
5%
10%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
% Fleet Out of Service More Than 3 Business Days
FY 24-25 FY 25-26
Fiscal Year 24-25 Average: 5.3% Current Year-to-Date Average: 5.4% Fiscal Year 24-25 Total: 603 Current Year-to-Date Total: 241 Parks & Public Works
90% 88%
95% 93%
88%
70%
80%
90%
100%
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
% Service Requests Closed Within 5 Business Days
FY 24-25 FY 25-26
Fiscal Year 24-25 Average: 91% Current Year-to-Date Average: 91% PAGE 22 of 704
City Manager’s Report and Operational
Dashboard
December 10, 2025
14 12 15
6 0 8
10 20
30 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Encroachment Permits Issued
FY 24-25 FY 25-26
Capital Projects in Design 2
Capital Projects in Construction 5
Fiscal Year 24-25 Total: 168 Current Year-to-Date Total: 55 4 3 3 4
7 0
5 10
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Public Works Afterhours Staff Call Outs
FY 24-25 FY 25-26
Fiscal Year 24-25 Total: 39 Current Year-to-Date Total: 21 Parks & Public Works
PAGE 23 of 704
City Manager’s Report and Operational
Dashboard
December 10, 2025
43 45
31 45
31 0
20 40
60 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Public Record Requests Received
FY 24-25 FY 25-26
6 6
8 6 5
0 5
10 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Average Time to Respond to Public Records Requests (days) FY 24-25 FY 25-26
4 0
2 0
2 0
2 4
6 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Claims Received
FY 24-25 FY 25-26
City Manager’s Office
Fiscal Year 24-25 Total: 388 Current Year-to-Date Total: 195 Fiscal Year 24-25 Average: 8 Current Year-to-Date Average: 6 Fiscal Year 24-25 Total: 19 Current Year-to-Date Total: 8 PAGE 24 of 704
City Manager’s Report and Operational
Dashboard
December 10, 2025
10 0 2
5 5
0 10
20 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Proclamations and Certificates Prepared
FY 24-25 FY 25-26
3 2
2 1
0 1
0 6
5 2
5 4
2 1
2 6
0 3
0 4
2 4
3 0
0 3
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
City Manager's Office
Finance
Human Resources
Community Development
Parks & Public Works
Fire
Police
Community Services
# of Agenda Items by Department
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Fiscal Year 24-25 Total: 63 Current Year-to-Date Total: 22 City Manager’s Office
PAGE 25 of 704
City Manager’s Report and Operational
Dashboard
December 10, 2025
0 3 3 4
2 0
5 10
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Film Permits Processed
FY 24-25 FY 25-26
1 3
0 5
0 0
2 4
6 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
Special Event Permits Processed
FY 24-25 FY 25-26
City Manager’s Office
Fiscal Year 24-25 Total: 36 Current Year-to-Date Total: 12 Fiscal Year 24-25 Total: 17 Current Year-to-Date Total: 9 PAGE 26 of 704
City Manager’s Report and Operational
Dashboard
December 10, 2025
0 50
100
150
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun YTD
New Weekly Briefing Monthly Sign Ups
FY 24-25 FY 25-26
4,383 7,130 9,724 6,193
28,933
9,382 10,0357,221 8,271
3,892
0 10,000
20,000
30,000
40,000
Facebook Instagram
Social Media Reach
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
0 1,000
2,000
3,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
LinkedIn Impressions
FY 24-25 FY 25-26
City Manager’s Office
Current Year-to-Date Average: 6
Current Year-to-Date Average: 7,145
PAGE 27 of 704
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Amber Shah, Parks & Public Works Director/City Engineer DATE: December 10, 2025
SUBJECT: AWARD OF CONTRACT FOR SOLID WASTE AND
RECYCLING CONSULTING SERVICES TO ECONOMICS INC.
THROUGH JUNE 30, 2028, IN AN AMOUNT NOT TO
EXCEED $320,420, APPROVAL OF FIVE-YEAR SERVICE
AGREEMENT WITH TERRA COMPLIANCE FOR SB 1383
COMPLIANCE SOFTWARE IN THE AMOUNT OF $75,000
AND WAIVER OF COMPETITIVE BIDDING
REQUIREMENTS; APPROVAL OF BUDGET AMENDMENTS
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Fiscally Responsible and Transparent City Government
BACKGROUND
Senate Bill (SB) 1383, the State’s Short-Lived Climate Pollutant Reduction Act, took effect on January 1, 2022. This legislation requires significant reductions in organic waste disposal and imposes new statewide mandates on all jurisdictions related to collection, processing, monitoring, and reporting of organic material. In 2023, with the City’s existing solid waste agreement expiring and not compliant with SB 1383 requirements, the City retained EcoNomics, Inc. to assist with negotiations for a new agreement with the City’s waste hauler. After fourteen months of negotiations without reaching a mutually acceptable agreement, the City amended EcoNomics’ scope to assist with a formal Request for Proposals (RFP) for a new, SB 1383-compliant 10- year agreement. That agreement was awarded to Valley Vista Services on May 21, 2025, and became effective on May 31, 2025.
Gretchen Shepherd Romey, Mayor
Tony Chou, Vice Mayor
Hunter Chang, Council Member
John Chou, Council Member
Calvin Lo, Council Member
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Because the existing agreement with EcoNomics expires December 31, 2025, the City issued a RFP on October 24, 2025, for ongoing solid waste consulting services via the City’s online procurement platform (OpenGov). The scope includes assistance with CalRecycle compliance, administration of the City’s solid waste agreement, rollout of SB 1383-required programs, and public outreach. On November 14, 2025, a total of four (4) proposals were received.
After reviewing proposals and conducting interviews, staff recommend award of contract to EcoNomics, Inc.
As SB 1383 implementation has advanced statewide, many jurisdictions have implemented specialized software to monitor compliance, track hauler data, and maintain CalRecycle-required Implementation Records. Staff have solicited informal proposals from several vendors and now recommend approval of a five-year software agreement with Terra Compliance to support data tracking and reporting needs.
DISCUSSION
Solid Waste and Recycling Consulting Services
As the City continues to implement the extensive requirements of SB 1383, ongoing expert support is essential. SB 1383 mandates a wide range of activities including contamination monitoring, enforcements, recordkeeping, edible food recovery oversight, service verifications, hauler performance monitoring, and continuous reporting to CalRecycle. These requirements are not one-time tasks; they create a permanent annual compliance workload that must be implemented accurately to avoid State enforcement actions, penalties, and compliance orders. Under the terms of the solid waste agreement with Valley Vista Services, the City began receiving a monthly Regulatory Compliance Fee as of October 1, 2025, that will offset the costs incurred by the City to comply with the State’s solid waste regulations including SB 1383 compliance.
In response to the City’s RFP for ongoing solid waste consulting services, the City received four (4) proposals from the following firms:
• EcoNomics, Inc.
• HF&H Consultants
• Municipal Waste Solutions, Inc.
• SCS Engineers
After comprehensive review, interviews, and reference checks, staff recommend Economics Inc. for the following reasons:
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• Regulatory Knowledge: EcoNomics has extensive technical knowledge of solid waste regulations including AB 939, AB 341, AB 1826, and SB 1383.
• Extensive Experience: EcoNomics has expertise in contract management, implementation and compliance management including State reporting requirements and CalRecycle’s compliance assessment and enforcement processes.
• Familiarity with City Operations: EcoNomics has worked closely with the City since 2023 and has detailed knowledge and understanding of the City’s agreement with Valley Vista Services, the City’s unique backyard service model and community expectations.
• Proven Performance: EcoNomics has been highly responsive, professional, and effective, particularly during the accelerated solid waste agreement procurement process completed this year.
EcoNomics, Inc. has demonstrated the technical expertise necessary to guide the City through these complex and evolving mandates. Their continued involvement is critical as the City transitions from initial rollout to full, ongoing compliance. EcoNomics’ experience with San Marino’s unique backyard collection system, combined with their regulatory expertise, and detailed knowledge and understanding of the City’s solid waste agreement positions them to effectively oversee hauler compliance, maintain required records, provide data analysis, support CalRecycle reporting and help ensure the City attains compliance with state diversion mandates.
SB 1383 Compliance Software
As SB 1383 implementation has advanced statewide, many jurisdictions have implemented specialized software to monitor compliance, track hauler data, and maintain CalRecycle-required Implementation Records. Staff evaluated informal proposals and software demonstrations from three (3) vendors that offer SB 1383-specific compliance software as follows:
Software Term Length Implementation
Cost Annual Cost
1 Year $2,000 $17,000 Minerva 3 Year $0 $15,000
Recyclist/Routeware 3 Year $5,000 $24,888
1 Year $0 $20,000
Terra Compliance 3 Year $0 $18,333
5 Year $0 $15,000
Terra Compliance was determined to provide the best value based on system functionality, usability, and cost. Key features include:
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• Unlimited Data Uploads: Accepts uploads from multiple sources at no additional cost.
• CalRecycle Electronic Annual Report (EAR)/Implementation Record Automation: Automatic population from inspection, waiver, and enforcement data saves staff time and money.
• Instantaneous Data Reflection: Changes made by any user are visible across the system immediately, no refresh or overnight sync required. • Multi-Platform Functionality: performs seamlessly across desktop, tablet and mobile browsers allows on-site data capture in the field. • User and Permission Management: Role-based access for City staff, inspectors, waste hauler and consultants in a single environment. • Customization: New fields, generator types, or compliance rules can be requested at no additional cost.
The Terra Compliance software will further strengthen the City’s ability to manage SB 1383 requirements by centralizing data from Valley Vista Services and automating key compliance functions. This software will allow staff and EcoNomics to efficiently track contamination monitoring, inspections, waivers, and outreach activities ensuring the City maintains a complete and up-to-date SB 1383 Implementation Record as required by State law.
Together, the consulting services and compliance software represent core components of the City’s long-term SB 1383 compliance strategy.
Waiver of Competitive Bidding for Software
Although the cumulative contract amount for the SB 1383 compliance software exceeds $30,000 and would typically require a formal RFP, staff recommend a waiver of competitive bidding requirements for the following reasons:
1. Specialized Market: SB 1383 compliance software is a Californiaspecific, niche service available from a limited number of vendors.
2. Efficiency: Obtaining informal proposals from three (3) qualified vendors provided sufficient competition while avoiding a lengthier RFP process for a highly specialized service.
3. Cost Savings: Terra Compliance offers a discounted five-year agreement ($15,000 per year vs. $20,000 annually), saving the City $25,000 over the contract term.
Therefore, staff recommend a waiver of the formal bidding requirements specified in Section 2.06.05 of the Municipal Code.
Staff recommend approval of both agreements due to the ongoing and mandatory nature of SB 1383 compliance activities, and because the cost of PAGE 31 of 704
these services is fully offset by the regulatory compliance fees received monthly from Valley Vista Services, resulting in no net cost to the City.
FISCAL IMPACT & PROCUREMENT REVIEW
While the EcoNomics, Inc. and Terra Compliance agreements represent significant compliance-related work, the full cost of these services is offset by monthly regulatory compliance fee revenue paid by Valley Vista Services under the terms of the City’s new solid waste agreement.
For FY 2025–26, the City anticipates receiving $318,750 in regulatory compliance fees which exceeds the combined Year 1 costs of both agreements.
This dedicated revenue source was intentionally structured into the agreement to ensure the City’s costs associated with SB 1383 compliance do not impact the General Fund.
Thus, although budget amendments are required to allocate the revenue and expenditures appropriately, there is no net fiscal impact to the City, and these services will be fully funded through the franchise agreement’s cost-recovery structure.
Economics Inc’s agreement is for three years, ending June 30, 2028. The cumulative not-to-exceed amount for the agreement is $320,420. See below for breakdown:
Year Cost Note
FY 25-26 $149,970 Higher due to SB 1383
rollout programs
FY 26-27 $95,550
Reduced cost/effort but
includes support for
CalRecycle JACE audit.
FY 27-28 $74,900
Total $320,420
The adopted FY 2025-26 budget includes $160,000 in Account #101-40-4104- 0000 (Contract Engineering Services). Of this line-item total, $110,000 was budgeted for solid waste consulting services that have been completed to date under the current agreement with EcoNomics. A budget amendment in the amount of $149,970 to Account #101-40-4104-0000 is necessary to account for the first year of Economics’ services under the new agreement.
Terra Compliance’s cost is $15,000 per year for a five-year term ($75,000 total). A budget amendment of $15,000 to Account #101-40-4150-0500 PAGE 32 of 704
(Other Contract Services – IT) is necessary to cover the costs of the first year of Terra’s services. A budget amendment of $318,750 to Revenue Account #101-40-3701-0000 is needed to account for the regulatory compliance fee.
Received.
The Finance Director has reviewed this staff report for compliance with San Marino City Code §02.06.05 and recommends a waiver of the formal bidding requirements for the Terra Compliance agreement.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends that the City Council 1)approve an award of contract to Economics, Inc. for solid waste and recycling consulting services through June 30, 2028, in an amount not to exceed $320,420, 2) approve an agreement with Terra Compliance for solid waste/recycling compliance monitoring and tracking software in the amount of $75,000 and waive competitive bidding requirements pursuant to Municipal Code Section 2.06.05, 3) authorize the City Manager to execute both agreements on behalf of the City, and 4) approve budget amendments in the amount of $149,970 to Account #101- 40-4104-0000, $15,000 to Account #101-40-4150-0500, and $318,750 to Revenue Account #101-40-3701-0000. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to 1) approve an award of contract to Economics, Inc. for solid waste and recycling consulting services through June 30, 2028, in an amount not to exceed $320,420, 2) approve an agreement with Terra Compliance for solid waste/recycling compliance monitoring and tracking software in the amount of $75,000 and waive competitive bidding requirements pursuant to Municipal Code Section 2.06.05, 3) authorize the City Manager to execute both agreements on behalf of the City, and 4) approve budget amendments in the amount of $149,970 to Account #101-40-4104-0000, $15,000 to Account #101-40-4150-0500, and $318,750 to Revenue Account #101-40-3701- 0000.”
ATTACHMENTS
1. Draft Professional Services Agreement with Economics, Inc.
2. Proposal for Solid Waste and Recycling Consulting Services
3. Draft Agreement with Terra Compliance
4. Proposal from Terra Compliance
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AGREEMENT FOR PROFESSIONAL SERVICES
Contract No. 2025-023
This AGREEMENT FOR PROFESSIONAL SERVICES (“AGREEMENT”) is made and entered into effective as of the 10th day of December, 2025, by and between the CITY OF SAN MARINO, a California municipal corporation, located at 2200 Huntington Drive, San Marino, CA 91108 (“CITY”) and Economics, Inc. located at 34185 Street of the Violet Lantern, Suite 104, Dana Point, CA 92629. (“CONSULTANT”).
W I T N E S S E T H:
For and in consideration of the promises and of the mutual covenants and agreements herein contained, said parties hereby agree as follows:
1. RECITALS. This AGREEMENT is made and entered into with respect to the following facts:
A. CITY requires professional solid waste and recycling consulting services (“SERVICES”); and
B. CONSULTANT is qualified to provide certain services to the CITY necessary for said SERVICES; and, therefore, the CITY has elected to engage the services of CONSULTANT upon the terms and conditions hereinafter set forth.
2. SCOPE OF SERVICES.
A. CONSULTANT shall furnish to the City all labor, materials, tools, equipment, services, and incidental customary work necessary to fully and adequately perform those services set forth in Exhibit “A” and hereby incorporated by reference. To the extent that Exhibit A is a proposal from CONSULTANT, such proposal is incorporated only for the description of the scope of services and no other terms and conditions from any such proposal shall apply to this AGREEMENT.
B. Performance of the SERVICES specified herein is made an obligation of CONSULTANT under this AGREEMENT, subject to any changes made subsequently upon the mutual written agreement of the parties.
C. The scope of services to be performed by CONSULTANT under this AGREEMENT shall include, but not be limited to, those services specified in Paragraph 2A hereof.
D. If there is a conflict between any of the provisions of the AGREEMENT and Exhibit A, this AGREEMENT shall have priority in the interpretation of the Parties rights and obligations under this AGREEMENT.
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3. PERFORMANCE STANDARDS. While performing this AGREEMENT CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CONSULTANT shall cooperate with CITY if CITY opts to monitor CONSULTANT’s services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have thirty (30) days after such notification to cure any shortcomings to CITY’s satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT.
4. FAMILIARITY WITH WORK.
A. By executing this AGREEMENT, CONSULTANT agrees that, to the best of CONSULTANT’s knowledge and belief, CONSULTANT has
(i) Carefully investigated and considered the scope of services to be performed;
(ii) Carefully considered how the services should be performed; and (iii) Understands the facilities, difficulties, and restrictions attending performance of the services under this AGREEMENT.
B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT’s own risk until written instructions are received from CITY.
5. CITY SUPERVISION. 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 CONSULTANT in connection with this AGREEMENT. City’s rights under this Section 5 shall survive for two years following the expiration or earlier termination of this AGREEMENT. Pursuant to Section 02.06.05 of the San Marino City Code, this AGREEMENT shall not be made without the prior approval of the City Council if it is for professional services of thirty thousand dollars ($30,000.00) or more and shall be executed only by the mayor or city manager. Payment for any services rendered under this AGREEMENT shall be executed and approved by the city manager so long as this AGREEMENT is for professional services between five thousand dollars ($5,000.00) and thirty thousand dollars ($30,000.00).
6. FEE. Compensation to CONSULTANT for the total services to be rendered pursuant to this AGREEMENT shall be in an amount not to exceed $320,420.
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6.1 ANNUAL RATE ADJUSTMENT. Consultant may adjust hourly rates, effective July 1 of each year, based on the change in the Consumer Price Index of the Bureau of Labor Statistics and the United States Department of Labor for CPIW (Urban Wage Earners and Clerical Workers) for the Los Angeles-Anaheim-Riverside Metropolitan Area, March to March average, provided that such adjustment shall not exceed 5% annually. If Consultant desires any such adjustments, then, on or before May 15 of each year, the consultant shall submit a written request for rate adjustment to the City. The written request shall at a minimum include the CPI data and calculations upon which the proposed rate adjustment is based. Provided that the documentation and calculations provided by contractor are accurate, City shall approve the adjustment.
7. EXTRA SERVICES. Notwithstanding any other provision herein, no extra services shall be rendered by CONSULTANT under this AGREEMENT unless such extra services first shall have been authorized in advance and in writing by the CITY. Any such services so authorized shall be paid by the CITY at rates approved of by the CITY.
8. PAYMENT BY CITY.
A. Compensation. Subject to any limitations provided in the Contract Documents, City agrees to pay CONSULTANT as full consideration for the faithful performance of all of the Work the total amount of three hundred forty thousand four hundred and twenty Dollars ($340,420.00) (“Compensation”). 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 thirty thousand dollars ($30,000.00) or more.
B. Monthly Invoice. CONSULTANT must furnish City with an invoice for the Work performed in accordance with the Contract Documents.
CONSULTANT may not submit invoices more often than once every 30 days. 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.
C. City Review of Invoices. City will review each invoice and determine whether the Work performed is in accordance with the Contract Documents.
The Director may require CONSULTANT to provide a release of all undisputed Contract amounts contained in the invoice.
D. Disputes on Invoices. If City disputes any item on an invoice, City will give CONSULTANT notice stating the reasons for the dispute. The Parties will meet and confer in good faith to attempt to resolve the dispute.
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E. 30 Days to Pay Invoice. Except as to any charges for the Work performed that the City disputes, City will cause CONSULTANT to be paid within 30 days of the date of the invoice or the date that CONSULTANT furnishes City with a release of all undisputed Contract amounts, whichever occurs later.
F. Partial Invoices. In the event there is any claim specifically excluded by CONSULTANT from the operation of any release, City may retain an amount not to exceed the amount of the excluded claim.
G. No Additional Compensation. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the contract documents, and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
9. TERM. The term of this AGREEMENT shall commence as of the Effective Date and shall continue through June 30, 2028. The CITY may extend said time of completion for delays caused by circumstances beyond the control of either party to this AGREEMENT. Should the consulting contract extend beyond the estimated time for completion of said services, CITY hereby reserves the right to continue CONSULTANT’s services hereunder with any and all fees for such additional services to be compensated by the CITY at rates approved by the CITY. The City may exercise up to two (2) one-year extensions contingent on approval by the City Council and Consultant’s satisfactory performance.
10. DISPUTES AND REMEDIES.
A. Claims, disputes, and other matters in question between the Parties arising out of or relating to this AGREEMENT or the breach thereof, must be resolved by the following procedure:
(i) CITY and CONSULTANT will exercise their best efforts to resolve disputes through the development of a consensus. A meeting may be requested by CITY or CONSULTANT at any time for the purpose of resolving a dispute. A determination by CITY’S Director of the Department of Public Works will be made within two (2) weeks after a meeting to resolve the dispute;
(ii) If unresolved within thirty (30) days, then City Manager, or his designee, will make a final determination;
(iii) Following the City Manager’s final determination, the Parties may submit any unresolved matters to non-binding mediation. The parties may, but are not required to be, represented by counsel in mediation;
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(iv) If the Parties do not agree to mediation, or if mediation does not resolve the Parties’ dispute, the matter may be pursued in Los Angeles County Superior Court, or the United States District Court, Central District of California, if federal jurisdiction exists.
B. The Parties’ rights and remedies under this AGREEMENT are in addition to any other rights and remedies provided by law.
11. PREVAILING WAGE. CONSULTANT 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 performance of other requirements on “public works” and “maintenance” projects. If the SERVICES are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, CONSULTANT agrees to fully comply with such Prevailing Wage Laws. The CITY shall provide CONSULTANT with a copy of the prevailing rates of per diem wages in effect at the commencement of this AGREEMENT. CONSULTANT shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the SERVICES available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. CONSULTANT shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
12. TERMINATION OF AGREEMENT. The CITY may terminate this AGREEMENT upon giving a thirty (30) day advance written notice of such termination to CONSULTANT. In that event, the City Manager, or his designee, based upon work accomplished by CONSULTANT prior to notice of such termination, shall determine the amount of fees to be paid to CONSULTANT for such services based upon accepted accounting practices. 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. 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.
13. INDEPENDENT CONTRACTOR. CONSULTANT shall act as an independent contractor in the performance of the services provided for in this AGREEMENT and shall furnish such services in CONSULTANT’s own manner and method and in no respect shall CONSULTANT be considered an agent or employee of the CITY.
14. OWNERSHIP OF DOCUMENTS. All financial documents, data, studies, and reports prepared by CONSULTANT under this AGREEMENT are CITY’s property.
CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY’s written noticeand/or upon the expiration or termination of this AGREEMENT.
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15. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this AGREEMENT, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this AGREEMENT, will be released by CONSULTANT to any other person or City without CITY’s prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.
16. NONASSIGNMENT. This AGREEMENT is not assignable either in whole or in part by CONSULTANT without the written consent of CITY. Any purported assignment without such consent shall be void and without effect.
17. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a valid Taxpayer Identification Number.
18. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this AGREEMENT, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this AGREEMENT.
19. INDEMNIFICATION.
A. CONSULTANT shall indemnify, defend with legal counsel approved by CITY—or, at the CITY’s option, reimburse the CITY Indemnitees their costs of defense—and hold harmless CITY, 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 CONSULTANT’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. CONSULTANT’s 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 CITY under any provision of this AGREEMENT, CONSULTANT shall not be required to indemnify and hold harmless CITY for liability attributable to the sole active negligence of CITY, provided such active negligence is determined by AGREEMENT between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY’s active negligence accounts for only a percentage of the liability involved, the obligation of CONSULTANT will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.
B. Should conflict of interest principles preclude a single attorney from representing both CITY and CONSULTANT, or should CITY otherwise find PAGE 39 of 704
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CONSULTANT’s attorney unacceptable, then CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorney’s fees, expert fees and all other costs and fees of litigation. The CONSULTANT shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees, and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONSULTANT’s negligent, reckless, or wrongful performance.
C. Payment by CITY is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and CITY, as to whether liability arises from the sole active negligence or willful misconduct 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 negligent or to have acted with willful misconduct. CONSULTANT will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.
D. 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.
20. INSURANCE. Without limiting CONSULTANT’S indemnification of CITY, and prior to commencement of work and/or services under this AGREEMENT, CONSULTANT shall obtain, provide, and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.
A. 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 $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
B. 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, nonowned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
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C. Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this AGREEMENT, in the minimum amount of $2,000,000 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.
D. Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).
E. 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.
F. Umbrella or excess liability insurance. [If required to meet higher limits].
CONSULTANT shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
(i) 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;
(ii) “Pay on behalf of” wording as opposed to “reimbursement”; (iii) Concurrency of effective dates with primary policies.
G. Should CONSULTANT obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
H. 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 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.
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I. Duration of coverage. CITY shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by CONSULTANT, their agents, representatives, employees, or subconsultants.
J. 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.
K. 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.
L. 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.
M. 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’S 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.
N. 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.
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O. 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.
P. 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.
Q. 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.
R. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.
S. 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.
T. 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, PAGE 43 of 704
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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.
U. 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.
V. 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.
W. 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.
X. 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.
21. NON-DISCRIMINATION. CONSULTANT shall not discriminate in its recruiting, hiring, promotion, demotion or termination practices on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation in the performance of this AGREEMENT and shall comply with the provisions of the California Fair Employment and Housing Act PAGE 44 of 704
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as set forth in Part 2.8 of Division 3, Title 2 of the California Government Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-352, and all amendments thereto; Executive Order 11246; and all administrative rules and regulations issued pursuant to such acts and order.
22. UNAUTHORIZED ALIENS. CONSULTANT hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 USCA 1101, et seq.), as amended; and, in connection therewith, shall not employ unauthorized aliens as defined therein. Should CONSULTANT so employ such unauthorized aliens for the performance of work and/or services covered by this AGREEMENT, and should the Federal Government impose sanctions against the CITY for such use of unauthorized aliens, CONSULTANT hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions imposed, together with any and all costs, including attorney’s fees, incurred by the CITY in connection therewith.
23. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations.
24. WAIVER. Waiver by any party hereto of any term, condition, or covenant of this AGREEMENT shall not constitute the waiver of any other term, condition or covenant hereof.
25. ATTORNEY’S FEES. If litigation is reasonably required to enforce or interpret the provisions of this AGREEMENT, the prevailing party in such litigation shall be entitled to an award of reasonable attorney’s fees, in addition to any other relief to which it may be entitled.
26. BINDING EFFECT. This AGREEMENT shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.
27. PROVISIONS, CUMULATIVE. The provisions of this AGREEMENT are cumulative and in addition to and not in limitation of any rights or remedies available to CITY.
28. NO PRESUMPTION RE: DRAFTER. The parties acknowledge and agree that the terms and provisions of this AGREEMENT have been negotiated and discussed between the parties and their attorneys, and this AGREEMENT reflects their mutual AGREEMENT regarding the same. Because of the nature of such negotiations and discussions it would be inappropriate to deem any party to be the drafter of this AGREEMENT; and, therefore, no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter, shall be applicable in interpreting or enforcing this AGREEMENT.
29. ASSISTANCE OF COUNSEL. Each party to this AGREEMENT warrants to each other party as follows:
A. That each party either had the assistance of counsel or had counsel available to it, in the negotiation for, and execution of, this AGREEMENT, and all related documents; and,
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B. That each party has lawfully authorized the execution of this AGREEMENT.
30. MODIFICATION. This AGREEMENT shall not be modified except by written agreement of the parties.
31. GOVERNING LAW. This AGREEMENT shall be interpreted and construed according to the laws of the State of California.
32. NOTICE. Whenever it shall be necessary for either party to serve notice on the other regarding this AGREEMENT, such notice may be furnished in writing by either party to the other and shall be served by personal service as required in judicial proceedings or by certified mail, postage prepaid, return receipt requested, addressed to the parties as follows:
CITY: City of San Marino
2200 Huntington Drive
San Marino, California 91108
Attn: City Manager
CONSULTANT: ECONOMICS, INC.
34185 STREET OF THE VIOLET LANTERN STE. 104
DANA POINT, CA 92629
Attn: TREVOR BLYTHE
Notice will be deemed effective on the date personally delivered or transmitted by facsimile. If the notice is mailed, notice will be deemed given three days after deposit of the same in the custody of the United States Postal Service, postage prepaid, for first class delivery, or upon delivery if using a major courier service with tracking capabilities.
Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
33. FORCE MAJEURE. Neither party shall be responsible for delays or failures in performance resulting from acts beyond the control of the offending party. Such acts shall include, but not be limited to, acts of God, fire, flood, earthquake, or other natural disaster, nuclear accident, explosion, war, terrorist attack, embargo, strike, lockout, riot, freight embargo, public regulated utility, or government statutes or regulations superimposed after the fact.
34. ELECTRONIC TRANSMISSION OF AGREEMENT AND SIGNATURE. The Parties agree that this AGREEMENT may be signed and transmitted by electronic mail by either/any or both/all Parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code section 16.5 and Civil Code section 1633.7.
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35. RECORD AUDIT. In accordance with Government Code section 8546.7, records of both the City and the CONSULTANT shall be subject to examination and audit by the City for a period of three (3) years after final payment.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed on its effective date by their respective officers duly authorized on their behalf.
CITY OF SAN MARINO, a California municipal
corporation
ATTEST:
By ______________________________
Philippe Eskandar, City Manager
_______________________________
Alison Walker, City Clerk
APPROVED AS TO FORM:
JOSEPH M. MONTES, CITY ATTORNEY
By _____________________________________
“CONSULTANT”
ECONOMICS, INC.
TAXPAYER ID # ___________________
By ______________________________
Print Name: ______________________
Title: _______________________
By ______________________________
Print Name: ______________________
Title: _______________________
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Exhibit A
Scope of Services
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EcoNomics, Inc. | Page 19
Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
SECTION 1.4. PROPOSAL – SCOPE OF SERVICES
TASK A. CALRECYCLE SUPPORT
TASK A1. WORK WITH CALRECYCLE STAFF
EcoNomics currently assists its client cities with legislative tracking, CalRecycle interface, and compliance reporting. EcoNomics has connections with key policy makers, advocacy groups, and regulatory agencies in Sacramento and is aware of pending solid waste legislation as it develops. EcoNomics has direct contact with senior level staff at CalRecycle and, as such, can provide its clients with high-level insight into the legislative and regulatory development processes. EcoNomics will continue to provide the City of San Marino with new SB 1383 reports, as new FAQ’s, tools, and guides role out from the State.
EcoNomics will also work closely with San Marino’s Local Assistance and Market Development (LAMD) representative to discuss situations specific to the City including updates on compliance status, and SB 1383 programmatic and legislative clarification questions. In addition, EcoNomics will continue to attend the regular “Chats with CalRecycle” on behalf of the City to glean best practices and participate in the discussion forum.
EcoNomics is familiar with the City’s 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. In our experience, providing accurate data that documents AB 939, AB 341, AB 1826, AB 827, and SB 1383 implementation efforts, verifiable diversion tonnage reporting, and concurrent outreach activities are all critical to demonstrating compliance.
EcoNomics will continue to prepare and facilitate the CalRecycle annual visit agenda and associated implementation reports. And, when applicable, facilitate tours of properties that showcase innovative and cost-saving diversion programs for CalRecycle’s annual site visit.
TASK A2. ASSIST IN PREPARATION OF CALRECYCLE REPORTS, INCLUDING EAR REPORT EcoNomics has extensive experience in San Marino, and in nine other Southern California jurisdictions (Anaheim, Mission Viejo, Lake Forest, Laguna Niguel, Laguna Hills, Buena Park, San Juan Capistrano, Santa Ana, and Tustin), with assisting client cities with CalRecycle reporting, compliance notifications for both Electronic Annual Reports (EARs) and Form 303 HHW reports, and City-County Payment Program grant reporting. On an annual basis, CalRecycle requires the submittal of an Electronic Annual Report (EAR) and also arranges jurisdiction site visits for verification and inspection purposes. EcoNomics will provide services to assist staff in meeting its mandated reporting duties. In addition, if CalRecycle highlights any issues or concerns, EcoNomics will work with the agency to remedy any perceived or actual deficiencies.
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
EcoNomics has assisted the City of San Marino with its Electronic Annual Report submittal since 2023. As a result of having assisted with the City’s annual reporting processes, EcoNomics, if selected, will be able to complete reports efficiently and precisely. 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 of 2022, the CalRecycle Electronic Annual Report has changed significantly, amounting to a sizable increase of efforts needed to successfully complete this required state reporting. In addition to the DPS codes from EARs historically, the EAR now contains 15 additional reporting modules, each of which with a corresponding record keeping system which must always be maintained and up to date in perpetuity. EcoNomics assisted client cities with this transition to the “new EAR” for reporting year 2021 and the first half of 2022. This involved the creation of an online record keeping system which houses the supporting documentation and data sources that feed into the “New EAR”. 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:
• Review tonnage reports for the reporting year to determine diversion quantities for commercial, residential, and special event sectors
• Conduct analysis of available data to determine reportable tonnages for several DPS Codes
• Contact the CalRecycle to obtain exact California Redemption Value recycling activity at buyback centers within the City limits
• Review County reports to obtain self-haul and salvage figures from County landfills • Review hauler tonnage reports, contact local construction and demolition (C&D) processing facilities, and review City records of C&D ordinance compliance forms to determine the amount of C&D materials diverted during reporting year • Contact hauler and review City records to obtain information on outreach used to inform residents and businesses of recycling programs
• Compile all data requests for the City, Hauler, and external data sources • Summarize all printed, electronic, and direct outreach attempts and populate in the record keeping system’s outreach tracking spreadsheet which includes tracking of how many people received such materials
• Obtain analytics of various web-based resources including webpages, videos, brochures, bill inserts housed on City, hauler and County websites • Coordinate with the County to obtain quantities of hazardous materials and electronic waste taken to County facilities by City residents • Contact local grocery stores and restaurants to quantify existing internal rendering and composting programs for the reporting year
• Coordinate with State government agencies to quantify internal diversion activities at local state agency offices
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
• Analyze the City’s Capital Improvement Project (CIP) bid sheets to quantify the diversion of materials crushed and reused as road base and to determine the tons of rubberized asphalt used in the City
• Coordinate with local food banks to determine the weight of edible materials donated
• Coordinate with landscaping contractors to determine tons of landscaping waste diverted from the landfill
• Coordinate with City to determine traditional and SB 1383 mandated product quantities procured
• Provide supporting citations and direct links to information sources from within the City’s Record keeping system
• Formalize new processes to ensure that the City’s record keeping system is always up to date and that all parties who contribute such data in various reporting areas know the exact protocol to maintain the implementation record • Lead the review and quality control process, which includes crosschecking all data points and facts presented
• Upload EAR into LOGIC system
• Attend all CalRecycle web-based meetings to ensure that we are apprised of all new reporting expectations and changes within the LOGIC system • Assist in answering any follow up questions from CalRecycle Over the last nearly two decades of submitting the City’s annual report, EcoNomics has established a database and a preparation schedule for assembling the necessary information for submittal of CalRecycle’s required Electronic Annual Report (EAR). This refined data collection process, and the incorporated efficiencies, will be applied to the City of San Marino’s annual report. As part of the procedure, a diverse set of data is collected and verified for all aspects of SB 1383. This comprehensive database leads to a thorough annual report that provides CalRecycle with a clear narrative that strongly demonstrates the City’s compliance with SB 1383 requirements.
TASK A3. SUPPORT THE CITY WITH SB 1383 REQUIREMENTS
EcoNomics will support the City with various SB 1383 requirements including edible food recovery, recordkeeping, reporting, waiver administration, and enforcement.
Edible Food Recovery.
There are no Tier 1 generators and no Edible Food Recovery Organizations (EFROs) located in the City of San Marino. The San Gabriel Valley Council of Governments (SGVCOG), in contract with the City of San Marino, previously identified three Tier 2 generators in the City: Huntington Library, San Marino Unified Schools District, and the City’s 4th of July special event. SB 1383 requires the City to conduct inspections of Tier 1 generators beginning January 1, 2022 and Tier 2 generators beginning January 1, 2024. The SGVCOG conducted inspections of the Tier 2 generators and determined that they were noncompliant with the edible food recovery requirements. EcoNomics has extensive experience in conducting Tier 1, Tier 2, and EFROs site visits and inspections, as well as PAGE 51 of 704
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
providing technical assistance to the generators to assist with compliance. If selected, EcoNomics will conduct site visits and inspections for the City’s Tier 2 generators and provide technical assistance to the generators to assist with compliance. The process of conducting an inspection is as follows:
• Develop state-mandated notification letter to edible food generators. Provide this notification annually per State requirements. Include link to City’s online edible food recovery resource listing. Request recipients of the letter contact EcoNomics to schedule a site visit.
• Develop an enforcement process to refer non-compliant generators to the City for enforcement, as needed.
• Conduct in-person inspections of edible food generators to verify SB 1383-compliant edible food recovery programs, as mandated by SB 1383. Inspection will include meeting with management staff or team, visual and photographic documentation of edible food recovery staging area (if applicable), visual review of edible food recovery contract, and completion of checklist for the City’s implementation record. • Provide technical assistance to edible food generators to develop edible food recovery programs, as needed.
• Refer non-compliant and non-cooperative edible food generators to City for enforcement, as needed.
• Compile SB 1383 edible food compliance reports for inclusion in City’s implementation record.
EcoNomics has implemented edible food recovery programs, including conducting Tier 1, Tier 2, and EFRO site inspections and enforcement as well as providing technical assistance to assist generators to assist with compliance in Buena Park, Laguna Hills, Laguna Niguel, Lake Forest, Mission Viejo, San Juan Capistrano, and Tustin.
Record-Keeping.
In addition to the EAR reporting and record-keeping described in Task 1.2 above, CalRecycle requires jurisdictions to keep an Implementation Record of data and reports related to the State’s solid waste and recycling requirements. CalRecycle may request any or all data and reports included in a jurisdiction’s implementation record, and the jurisdiction must provide the requested data and reports within ten (10) business days.
Under the previous hauler’s contract, EcoNomics had updated the City of San Marino’s Implementation Record to the extent possible. In recent months, EcoNomics has been updating San Marino’s Implementation Record with the new hauler contract, new service methodology with the high diversion MRF and programs included in the City’s new SB 1383- aligned contract. If awarded the contract to continue working with San Marino, EcoNomics would complete updating the City’s Implementation Record with all of the new information from the transition to the new hauler, including all the new public education and outreach to the single-family residential, estate residential, and commercial customers, and hauler reports. Once updated with this information, the Implementation Record will continuously need to be updated as new programs are implemented, and as new data, materials, and reports become available.
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
At a minimum, the following records are required to be maintained in the Implementation Record:
• Ordinances and Enforceable Mechanisms
• Written Program Descriptions
• Organic Waste Service Collection
• Contamination Minimization, including Route Reviews and Waste Evaluations • Waivers and Exemptions
• Education and Outreach
• Jurisdiction Oversight of Hauler Programs
• Edible Food Recovery
• Recovered Organic Waste Product Procurement
• Paper Procurement
• Inspection and Enforcement
• Compliance Reviews
• Investigation of Complaints and Alleged Violations
To compile and maintain the City’s SB 1383 Implementation Record, EcoNomics uses two tools:
(1) Dropbox Cloud Storage: Dropbox is a third-party cloud-based software used primarily for online file storage and file sharing. EcoNomics uses Dropbox as its internal file storage and file sharing system and has great familiarity with its structure and features. The City is able to access these files at any time as they will be hosted in the cloud. EcoNomics has also used Microsoft SharePoint as a filesharing system as well and is able to use this platform if the Clty desires. (2) CalRecycle’s Model Implementation Record Tool: EcoNomics populates and annotates CalRecycle’s model tool specific to the City of San Marino’s recordkeeping needs. The tool serves as a landing “page” for all of the City’s required SB 1383 records. The tool is a workbook consisting of multiple tabs specific to each of the recordkeeping sections mentioned above. EcoNomics gathers information and records from the City, its representatives, and its contractors to populate the Implementation Record.
EcoNomics has extensive experience in assisting client cities with their CalRecycle Implementation Record including San Marino, Anaheim, Laguna Hills, Laguna Niguel, Lake Forest, Mission Viejo, San Juan Capistrano, Santa Ana, and Tustin.
Reporting.
In addition to the Implementation Record, there are many solid waste and recycling points of data and many reports from the hauler, as well as from generators within San Marino.
EcoNomics will collect, analyze and collates the data and report, then provides the analysis and updates to City staff. In addition, EcoNomics will create and maintain databases and tracking spreadsheets in relation to compliant and non-compliant AB 341, AB 1826, and SB 1383 accounts. EcoNomics will continue to assist San Marino with CalRecycle reporting requirements as discussed above, including the EAR and any other reporting document PAGE 53 of 704
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
requested. EcoNomics performs similar tracking, analysis and reporting for other cities, including Anaheim, Laguna Hills, Laguna Niguel, Lake Forest, Tustin, Mission Viejo, Santa Ana, and Tustin.
Waiver Administration.
CalRecycle requires all commercial businesses to process 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 may be eligible for a de minimis waiver if the business produces a less than 10 or 20 gallons weekly (depending on overall waste service levels) 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.
This process includes a desktop analysis of the generator, including the amount of waste disposed as well as the recycling and organics materials diverted, the types of materials in the waste, recycling, and organics streams, and any generator space constraints.
EcoNomics then follows up with the hauler for site visit data and information or conducts the site visit to gather the necessary data and information. If it is determined that a generator is eligible for a SB 1383 waiver, EcoNomics works with City staff to notify the generator and the hauler of the waiver.
EcoNomics has assisted and/or currently assists with waiver protocol development and waiver processing for the Cities of Newport Beach, Anaheim, Tustin, Mission Viejo, Santa Ana, Lake Forest, Laguna Niguel, and San Juan Capistrano.
Enforcement.
As discussed in Task A4 below, Economics will assist the City with updating its solid waste and recycling ordinance. The amended ordinance will include City enforcement mechanisms to require generators to subscribe to organics recycling programs. The amended ordinance will include the ability for the City to issue administrative citations and penalties to generators if they do not implement programs or if there is repeated contamination that does not comply with CalRecycle requirements. After the ordinance amendment, EcoNomics will assist San Marino with this enforcement method, if needed, to comply with CalRecycle requirements. However, the imposition of monetary penalties is a last resort. EcoNomics will continue to enforce the City’s hauler agreement by working with the hauler to implement programs in accordance with City’s hauler agreement, which in turn will assist the City with its CalRecycle compliance. EcoNomics will also continue to educate and provide technical assistance to generators for implementation of programs.
EcoNomics will assist the City in developing a standard operating procedure (SOP) for the fair and equitable enforcement of the City’s amended ordinance. The SOP will include the following components:
• Process and template field sheet for initial site assessment PAGE 54 of 704
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
• 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 the hauler • Process for evaluating the compliance of an internal diversion program In addition to developing the SOP, EcoNomics will provide training to the City’s code enforcement staff on how to implement the SOP, if needed.
EcoNomics had experience in developing enforcement processes for the client cities including Santa Ana, Newport Beach, Laguna Hills, Laguna Niguel, Lake Forest, and San Juan Capistrano.
Outreach and Education.
Compliance with SB 1383 state-mandated organics diversion programs requires the Cities to have extensive public education programs in place. A successful public education program will (a) train the community on best practices to efficiently separate food scraps from trash and recyclable materials, (b) prevent contamination of recycling and food scraps, (c) educate the community about recycling and how food scraps are composted or processed through anaerobic digestion, and (d) educate the community about how wasting food can have negative impacts, both locally, in terms of food insecurity, and globally, in terms of climate impacts. EcoNomics will assist the City of San Marino in reviewing, revising, developing, and implementing the public education program requirements of SB 1383.
Attachment B to the City’s contract with Valley Vista Services includes a number of public education and outreach requirements for single-family residential, estate residential, and commercial customers. EcoNomics has been assisting with reviewing and editing VVS’ public education and outreach materials, and ensuring the materials are translated and provided in Mandarin, as required by the contract. If selected, EcoNomics will continue with this process.
In addition, as needed, EcoNomics will prepare additional public education and outreach materials for distribution to single-family residential, estate residential and/or commercial customers, including letters, flyers, brochures, postcards, social media posts, newsletter articles, website updates, town hall presentations, toolkits, surveys, training materials, etc.
EcoNomics recommends an update to the trash and recycling portion of the City’s website to align with SB 1383 and the new contract. EcoNomics can assist by providing recommendations for additional subject matter and language to add to the City’s website.
EcoNomics has extensive experience in assisting client cities with reviewing and editing of hauler provided public education and outreach, as well as preparation of public education PAGE 55 of 704
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
and outreach to all sectors of the community, including for the Buena Park, Santa Ana, Anaheim, Tustin, Laguna Hills, Laguna Niguel, Lake Forest, Mission Viejo, and San Juan Capistrano.
TASK A4. UPDATE CITY’S SOLID WASTE AND RECYCLING ORDINANCE, C&D ORDINANCE AND MWELO, DEVELOP SB 1383-ALIGNED PURCHASING POLICY, AND ASSIST WITH CALRECYLE
PROCUREMENT TARGET
EcoNomics will assist the City with updating internal policies, procedures, and ordinances related to solid waste and recycling to ensure compliance with SB 1383 and other State legislation, including development of the City's first Environmentally Preferable Purchasing Policy.
Solid Waste and Recycling Ordinance.
EcoNomics and its subcontractor, The Law Office of Cerene St. John, have written SB 1383 compliant solid waste and recycling ordinances for the Cities of Napa, Rancho Mirage, Calabasas, Laguna Hills, Laguna Niguel, Newport Beach, and assisted staff with carrying through the ordinance approval process.
With the adoption of the City’s new agreement with Valley Vista Services utilizing a twostream collection method and VVS’ high diversion MRF, the City of San Marino’s current solid waste and recycling ordinance will need to be updated. In addition, the City’s current solid waste and recycling ordinance will need to be updated to be SB 1383 aligned.
EcoNomics will cross-check the City of San Marino’s current solid waste and recycling ordinance with CalRecycle’s Model Mandatory Organic Waste to ensure the City’s current ordinance meets the requirements of an SB 1383 compliant ordinance. EcoNomics and Ms.
St. John will also develop ordinance amendment language for review by City staff and the City Attorney that would bring the City’s solid waste and recycling ordinance in compliance with CalRecycle’s requirements and to be consistent with the new collection agreement.
As an example, Eric Vail identified that the Municipal Code currently has no provisions for self-haul of materials, with the exception of landscapers and recyclable materials that are donated or sold.
C&D Ordinance.
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 PAGE 56 of 704
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
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
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
Model Water Efficient Landscaping Ordinance (MWELO).
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. 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.
Environmentally Preferable Purchasing and Practices (EPPP) Policy.
SB 1383 requires the City to develop an Environmentally Preferable Purchasing and Practices (EPPP) Policy. EPPP 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 PAGE 57 of 704
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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 EPPP.
Assist with City’s CalRecycle Procurement Target – Procurement of Recycled Organic Waste Products (ROWP).
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 2022 (or an equivalent amount of energy or fuel products derived from organic materials). AB 1985 required that the City procure 65% of its total procurement target, and in 2024, the City met its 65% goal by procuring 674 tons of compost/mulch. In 2025, EcoNomics assisted the City with third party procurement options, and the City completed the negotiation and agreement with Agromin to achieve its 100% 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, onsite chipping of tree trimmings by the City’s contractors, investments to increase organics processing infrastructure, and community composting. EcoNomics will continue to 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 ROWPs requirements • Conduct baseline inventory of current ROWPs 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 ROWP credits from current energy usage
• Analysis of hauler RNG usage to determine eligibility to count towards City’s ROWP target
• Coordination with CalRecycle to ‘right-size’ procurement target if City cannot reasonably obtain ROWP 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
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• Identify SB 1383-procurement credit-eligible source of electricity for use by City facilities
• Other procurement-related tasks, as needed
TASK B. PROVIDE TECHNICAL AND FIELD SUPPORT FOR THE ADMINISTRATION OF THE
CITY'S SOLID WASTE AND RECYCLING AGREEMENT
EcoNomics shall provide support to the City as it relates to administering the City’s agreement with Valley Vista Services for the Collection, Transportation, Processing, and Diversion of Recyclable Materials, and Other Materials and for the Collection, Transportation, and Disposal of Municipal Solid Waste, including the following activities below.
EcoNomics assisted the City with the recent RFP process to align its solid waste and recycling contract with SB 1383 requirements. As such, EcoNomics has an in-depth understanding of the various contractual mechanisms contained in the agreement to direct the City’s contractor to expand diversion programs, provide reports, verify data, etc.
Further, EcoNomics is familiar with deliverables required by the agreement and the timing for services provided to the City by VVS. EcoNomics will use this experience to evaluate progress in implementing SB 1383 state-mandated diversion programs. The reporting requirements in the agreement will provide data on contamination and diversion program impacts that will be helpful in assessing the City’s compliance.
TASK B1. MAINTAIN A CHECKLIST OF ALL CONTRACT REQUIREMENTS EcoNomics will maintain a checklist of all contract requirements and due dates contained in the contract. EcoNomics will support the City in at least monthly meetings with Valley Vista Services to review contract requirements and coordinate with VVS regarding public education items and materials, implementation and enhancement of SB 1383-compliant programs, and other issues that may arise.
Compliance with SB 1383 has increased the complexity of hauler agreements and requires frequent review of the document to identify deliverables. In other client cities, EcoNomics has developed a contractual deliverable tracking tool that provides an ‘at-a-glance’ reference of time-sensitive contractual and compliance obligations. This tool is useful in to developing monthly agenda items, providing a ‘heads-up’ to City staff and VVS staff of pending deliverables, and to track contractor compliance with the agreement. EcoNomics uses Monday.com, a cloud-based work operating system (Work OS) that acts as a project and work management platform for teams. It allows the Project Manager to manage tasks, projects, and workflows through customizable, visual boards and offers features for collaboration, automation, and reporting. While it excels at project management, it can also be used for other functions like CRM, task management, and marketing campaigns.
The software system also allows for easy access to Excel export abilities for a more traditional view of project management.
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Additionally, using VVS’s monthly reports and data exported from the City’s forthcoming CRM system (Terra Compliance), EcoNomics will monitor and track progress with AB 1826, AB 341, and SB 1383 compliance based on program participation, tonnage, and the number of new waste diversion programs implemented and VVS outreach efforts in relation to single-family residential, estate residential, and commercial generators. This tool will assess the implementation and participation pacing of these compliance programs and measure them against the requirements of the agreement. If selected, EcoNomics would continue to develop this tool to include CalRecycle reporting and compliance deliverables, incorporate additional contractual deliverables, and other key program implementation tracking items such as SB 1383 compliance requirements. EcoNomics will make this document available to both the City and the hauler via a cloud-based, file-sharing system.
The document will be updated within 30 days of receiving any deliverables.
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Figure 1.4.1: Example of Contract Compliance Tracking Document Used in the City of Anaheim
Figure 1.4.2: Example of Contract Dashboard Tracking Tool to Assess Progress of Hauler Towards Contract Deliverables
TASK B2. ASSIST IN IMPLEMENTATION OF RECYCLING PROGRAMS EcoNomics has extensive experience in implementing AB 939, AB 341, AB 1826, and SB 1383 recycling programs in jurisdictions in both Southern and Northern California. The agreement between the City and VVS is designed to require VVS to provide technical PAGE 61 of 704
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assistance directly to generators to achieve compliance. EcoNomics assumes the City will require VVS to be the lead in coordinating with commercial and estate residential customers to implement state-mandated programs. However, at the City’s direction and/or as needed, EcoNomics will provide technical support for implementation of recycling programs to all sectors, i.e., commercial, single-family residential, and estate residential generators. In addition, as needed or directed by City, EcoNomics may accompany VVS staff to meetings with commercial, single-family residential and/or estate residential customers to provide public education and technical assistance for implementation of solid waste and recycling programs.
In addition, VVS is required to design recycling programs for the special events in San Marino. EcoNomics will assist with review of the VVS special event recycling programs and assist with recycling program implementation for special event as needed. EcoNomics will also assist with implementation of special recycling programs, as needed. This many include full design and implementation of the recycling program or finding a new vendor for a specific recyclable material. EcoNomics will provide review and oversight of the hauler’s recycling program implementation and will provide technical assistance for recycling program implementation to ensure that the City is achieving CalRecycle goals and requirements. There is limited technical assistance included in our proposed budget for this task as we assume VVS will take the lead in implementing diversion programs with commercial, estate residential, and single-family residential customers per contractual requirements.
TASK B3. REPORT REVIEW
Due to its involvement in the drafting of the City’s agreement with Valley Vista Services, EcoNomics is familiar with all of the reporting protocol requirements in the agreement and attachments, specifically Attachment K. VVS is required to submit monthly reports, quarterly reports and annual reports to the City as described in Attachment K. EcoNomics will review VVS’ submitted reports, identify areas of inquiry with the City, and review any issues at the monthly meetings in Task 4 with the City and VVS. This monthly format of meeting with the City’s hauler to review reports has proven worthwhile in maintaining accurate and timely reporting and program monitoring and oversight. If selected, EcoNomics looks forward to working with Heather Bragdon with VVS on the City’s reporting requirements.
For resolving commercial and estate residential account issues identified as a result of the report analysis, EcoNomics obtains the hauler’s updated raw data account listing which is contains key account service information needed to implement diversion programs.
Through desktop data analysis, EcoNomics can review the account listing to identify the City’s generators’ compliance statuses with AB 341, AB 1826, and SB 1383. The hauler submits the list to the City monthly, which can be analyzed to provide the City with realtime compliance updates.
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If the purchase of Terra Compliance SB 1383 software is approved by the City Council, EcoNomics will assist with ensuring all relevant hauler reporting data as well as all relevant EcoNomics data related to San Marino is uploaded into Terra Compliance.
TASK B4. PROVIDE OVERSIGHT OF WASTE AUDITS AND CONTAMINATION MONITORING Beginning in 2027, the City’s agreement requires VVS to conduct recurring waste characterizations (also known as waste audits) to assess the quantity and types of materials found in the different waste streams collected. Waste characterizations are designed to assess SB 1383 contamination levels of single-stream recycling and organics routes, identify additional diversion opportunities, and to assess the impact of the City’s or the hauler’s educational outreach efforts.
The City’s diversion tonnage is calculated from the results of the quarterly characterizations. In other cities, including Lake Forest, Tustin, Mission Viejo, and Laguna Niguel, EcoNomics has audited its client cities’ waste characterization studies to assess the degree in which the haulers characterization methodology complies with the methodology set forth in the contract. These audits of hauler waste characterizations have allowed EcoNomics to identify non-recyclable contaminants and trace them back to specific generators and different parts of the City in an effort to provide targeted educational outreach. Fieldwork may be needed to true up diversion tonnage when apparent program results do not seem to match reported diversion results. It is also likely that targeted “spot” audits will be required to resolve organics (restaurant) contamination issues.
EcoNomics is proposing to observe VVS conduct 1-3 waste characterizations per year for each year of the contract. EcoNomics is proposing to observe the two streams in waste characterizations for each sector on an annual basis as conducted by the hauler. The result of these observations will be a summary report back to the City confirming VVS is adhering to the protocols set forth in the agreement; a report on observed contaminants in the waste stream; and an analysis of the waste characterization results to compare them against the contamination caps set forth in SB 1383.
TASK B5. CONDUCT RATE INCREASE REVIEWS AND ASSIST WITH OTHER REQUESTS PURSUANT
TO THE AGREEMENT
As part of the RFP process, EcoNomics developed the rate adjustment methodology that will be used in future years to implement inflation-based escalations. To this end, EcoNomics is well positioned to conduct the analyses for each annual rate adjustment using the methodology developed as part of the agreement.
The following process is used to confirm the annual rate adjustment is calculated in accordance with the contractual methodology:
1. Query Bureau of Labor Statistics database to obtain the appropriate index information.
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2. Confirm landfill and processing cost component adjustments reflects actual changes in gate fees.
3. Utilize the base rates established by prior rate adjustment.
4. Utilize protocol contained in the contract to calculate the rate adjustment.
5. Perform QA/QC to confirm rounding protocols and calculations are correct.
6. Coordinate with the hauler to correct/resolve any departures from the methodology described in the agreement and its attachments
7. Assist with preparation of Prop 218 notifications, as needed EcoNomics has conducted numerous rate reviews for client cities including Rancho Mirage, Mission Viejo, Santa Ana, Lake Forest, Tustin, Laguna Hills, Laguna Niguel, and San Juan Capistrano.
In addition, EcoNomics will assist the City in other requests pursuant to the City’s new agreement with VVS.
TASK B6. PERFORM CONTAINER AUDITS
Upon completion of the SB 1383 container roll-out, EcoNomics will audit the hauler’s containers to confirm that inventories in the field cross-check with those on hauler’s commercial and estate residential listings; to assess the condition of the hauler’s containers and note if graffiti is present; to confirm that contractually required markings are included on the bins; to assess the overall condition of the bins; to assess the prevalence of rust; to confirm lids are closed to prevent water pollution; to determine the working order of casters; and to assess overall aesthetics of the bins. Additionally, when in the field, EcoNomics will audit the containers on a spot-basis for program implementation and technical assistance.
TASK C. PROVIDE TECHNICAL RECYCLING ASSISTANCE TO COMMERCIAL, RESIDENTIAL,
AND MULTI-FAMILY PROPERTIES TO MAINTAIN AND DEVELOP RECYCLING PROGRAMS TASK C1. COMMERCIAL TECHNICAL ASSISTANCE.
The City’s new two-stream system includes a black container for trash and recyclables and a green container for organic materials, i.e., yard trimmings and food scraps. All commercial customers in San Marino will be required to have a black container. However, many commercial customers will be eligible for an SB 1383 waiver as the business generates a de minimis amount of food waste and does not generate yard trimmings and/or it contracts with a landscaper who hauls away the yard trimmings.
Valley Vista Services is currently assisting commercial customers in San Marino with evaluating the commercial customers’ needs related to the type of service needed, the size of container(s) needed, and the frequency of service needed. Along with the service needs, VVS is providing public education to the customer regarding SB 1383 requirements.
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If selected, EcoNomics will work closely with both VVS and the City to ensure the commercial account programs are implemented according to the process outlined in the new contract. Particular attention will be paid to restaurants as these commercial customers will be required to have both a black container for trash/recycling and an organics container, while most other commercial customers will only need a black trash/recycling container. EcoNomics will create a tracker to monitor VVS’ progress and conduct at least monthly check-ins to determine status for accounts deemed fully implemented, EcoNomics will conduct quarterly commercial account site visits in 2026 to monitor progress and annually thereafter unless specific commercial account monitoring is required. These site visits will consist of: 1) ensuring all containers are present and adequate service is available to the business; 2) monitoring service levels and contamination in containers; 3) checking signage and updating as needed; 4) providing additional education and outreach to businesses; and 5) provide employee training, as needed.
If a business needs additional assistance, EcoNomics will work with VVS to provide services such as:
• Assist with black and green container selection and frequency of service • Provide a proposal to adjust service levels
• Order additional/modified service
• Provide education in the form of signage, brochures, meetings with the business owner and/or manager outreach, staff training, and other suitable activities • Assistance in identifying recyclable materials
• Develop training materials and train business employees on program implementation
• Follow up on contamination incidents
• Follow up on complaints
For the commercial accounts that are not yet “fully implemented”, EcoNomics will continue to work with VVS to ensure compliance. If any business refuses service and is referred to the City, EcoNomics will work with the City to issue a Notice of Violation and provide on the ground assistance to bring the account into compliance.
EcoNomics can provide direct technical assistance to SB 1383 generators to ensure program use and compliance. Continuous monitoring of accounts in the City will help to increase diversion and reduce contamination.
As the City’s commercial accounts become fully compliant with SB 1383 through implementation of the required programs, the focus will turn to increasing participation and reducing contamination in all sectors, which may also include enforcement as discussed above in Task A3. EcoNomics will continue to provide assistance to the commercial sector through public education and outreach concentrating this effort on increasing participation and reducing contamination, as well as provide technical PAGE 65 of 704
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assistance to commercial accounts to achieve additional participation and reductions in contamination.
The data gathered from the waste characterizations will be used to strategize and determine the type of outreach, education and technical assistance is needed in order to address participation and contamination issues. If after commercial businesses receive additional outreach, education and technical assistance, there are still issues that warrant enforcement, EcoNomics will assist the City with the enforcement process as discussed in Task A3. This includes notification letters, which may ultimately result in fines.
In addition to providing technical assistance to specific businesses, EcoNomics will also provide technical recycling assistance to various groups as directed by the City.
If a multi-family property becomes operational within San Marino during the next three years, EcoNomics will provide the same technical assistance as described above.
TASK C2. RESIDENTIAL TECHNICAL ASSISTANCE.
In the City’s new contract, Valley Vista Services provides single-family residential and estate residential customers with two stream waste and recycling collection services. VVS’ personnel provided and continue to provide outreach to residents on the recycling programs and special programs, as well as technical assistance as needed. VVS did a City Hall ‘residency’ at the start of the new contract in order to sign up customers and explain the new services, especially to residential customers. VVS continued outreach through various town hall meetings to explain the new two stream system and the new cart service levels.
To date, VVS has completed the estate residential outreach and service enrollment for the bundled two stream system in which most estate residential customers receive either a black or green bin and a black or green cart for the bundled service. The single-family residential sector is scheduled to receive the new carts in January.
EcoNomics will assist residents by providing additional outreach to residents through the Town Halls, social media, etc. In addition, EcoNomics will provide technical assistance to residents in relation to the recycling programs, container selection, and identifying recyclable materials, as needed.
EcoNomics will provide assistance to the residential sector through public education and outreach concentrating this effort on increasing participation and reducing contamination, as well as provide technical assistance to residents as needed to achieve additional participation and reductions in contamination. As the City is aware, although the assistance and public education and outreach provided to the single-family residential and estate residential sectors will be similar, there will also be differences. The assistance and messaging regarding ‘what goes where’ and contamination are similar, however the choices for service differ for the single-family and estate residential customers.
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The data from the waste characterizations will be used to strategize and determine the type of outreach, education and technical assistance is needed in order to address participation and contamination issues. If after residents receive additional outreach, education and technical assistance, there are still issues that warrant enforcement, EcoNomics will assist the City with the enforcement process as discussed in Section 1.3.
This includes notification letters, which may ultimately result in fines.
In addition to providing technical assistance to specific residential customers, EcoNomics will also provide technical recycling assistance to various groups as directed by the City.
TASK D. ATTEND PROGRESS MEETINGS AND PREPARE MONTHLY PROGRESS REPORTS EcoNomics will attend a monthly meeting with City staff to discuss the status of tasks in progress, issues encountered, etc. EcoNomics shall prepare a written summary of monthly tasks for submittal to accompany monthly invoices.
EcoNomics has historically held monthly progress meetings with the City. These meetings serve the following purposes: 1) address VVS specific issues and concerns; 2) review oversight of VVS’s commercial, single-family residential and estate residential programs, waste evaluations, etc.; 3) discuss status of additional SB 1383 requirements outside the scope of the agreement, including edible food recovery, procurement, record keeping, and CalReycle reporting. After each meeting, EcoNomics will send a progress update with deliverables and timelines.
EcoNomics recommends also continuing the progress meetings held with both the City and VVS. EcoNomics currently prepares and facilitates recurring hauler meetings with the City.
There are several levels of project status tracking required for this program. These meetings serve the following purposes: 1) establish the status of VVS’ transition within the City related to the single-family residential, estate residential and commercial sectors; 2) provide an update on the status of the truck ordering and delivery; 3) establish where the City is with respect to satisfying each of its overall SB 1383 program requirements; 4) provide a monthly tracking of individual numbers of businesses with commercial programs and SB 1383 compliance, and tonnage diverted; 5) provide an update on critical contract deliverables and the work effort completed and in progress; and 6) provide a running month-to-month report that allows all the information to be understood and be seen in relationship to the City’s overall compliance.
EcoNomics runs efficient meetings with clear objectives that hold all parties involved accountable. Before a meeting, EcoNomics provides all attendees with an agenda to allow for adequate time to prepare for all agenda items.
TASK E. OTHER DUTIES AS ASSIGNED
EcoNomics will perform other duties as assigned by the City to support the successful implementation and administration of solid waste and recycling programs, compliance with PAGE 67 of 704
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State legislation, and administration of the City’s agreement with Valley Vista Services.
Such duties may include:
Update Attachments B and N to the City’s Agreement with Valley Vista Services.
EcoNomics prepared the City’s new SB 1383-aligned contract for the City’s Request for Proposals for Solid Waste and Recycling Services. The City received four proposals in response to its RFP. In order for the contract to fulfill the requirements of SB 1383, the contract included a three-stream collection system. The City received a proposal from Valley Vista Services which included a two-stream collection system as Valley Vista’s Optimal Collection System. For most jurisdictions, CalRecycle requires a three-stream collection system for SB 1383, however a jurisdiction may implement a two-stream collection system if the collected materials are brought to a CalRecycle designated High Diversion Organic Waste Processing Facility (HDOWPF). The City Council approved a twostream collection system with all collected materials from San Marino being transported to Valley Vista’s Grand Central Recycling and Transfer Station, a CalRecycle designated HDOWPF, for processing.
EcoNomics drafted Attachments B and N when drafting the contract. When drafting the contract and issuing the RFP, it was not envisioned that a proposal would be received and approved for two-stream collection and processing. Therefore, Attachment B (Scope of Work), Attachment N (Characterizations of Divertible Materials and MSW) and other attachments to the contract need to be updated to include a two-stream collection system.
The City amended EcoNomics’ consulting contract in June of 2025 to extend the term through December 2025. This amendment also updated EcoNomics’ scope of work to include the update to Attachments B and N. However, between June and November 2025, EcoNomics prioritized completing the tasks that had deadlines, including the preparation of the annotated agenda and attendance at the City’s CalRecycle annual conference call, update of the City’s Implementation Record in preparation for the City’s CalRecycle annual conference call, assistance with the transition to the new hauler and the new contract, and the City’s Proposition 218 process. The City’s Proposition 218 process was a much more involved and intensive process than originally envisioned, and therefore the task for the Proposition 218 process took more staff time and budget than anticipated. For all the above reasons, the effort, and associated budget, to update Attachments B and N were deferred in order to prioritize accomplishing tasks that had pressing deadlines.
As part of this task, if selected, EcoNomics will update Attachments B and N to include the parameters and requirements for Valley Vista’s implementation of a two-stream collection system in San Marino through the use of the City-directed change in scope provisions in the agreement.
CalRecycle JACE Compliance Review.
CalRecycle has indicated that all jurisdictions will receive a JACE (Jurisdiction and Agency Compliance and Enforcement) review by December 31, 2026. As of November 14, 2025, JACE's compliance review has not yet been scheduled for the City of San Marino.
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EcoNomics estimates full assistance with the CalRecycle JACE compliance review will cost approximately $40,000 and last approximately six months. This amount has been allocated across the Years 1 and 2 budgets. The proposed budget for JACE Compliance Review assistance assumes full-service assistance with the compliance review in Years 1 and 2.
We have allocated approximately $20,000 of budget in this task during the first contract year assuming the City is selected by JACE for a compliance review between December 2025 and June 2026. With a larger initial budget of $150,000 over a shorter period (December 2025 – June 2026) in Year 1, we are confident that we will have adequate budget to assist the City with the initial half of the tasks associated with the JACE compliance review in addition to the other tasks requested by the City in the RFP. However, to stay within the budget of $75,000 in Year 2 while also providing the level of support requested by the City in the RFP, we have allocated the remaining half of the budget for the JACE compliance review ($20,000) as an optional task the City may activate, as needed.
As noted, EcoNomics is open to exploring ways to mitigate costs by using hauler team members wherever applicable.
The following steps will be taken by EcoNomics for the JACE Compliance Review:
1. Coordinate and Attend Pre-Meetings and Field Site Visit. Prepare for and attend preparation meetings with City and hauler. Prepare for and attend initial meetings with JACE. Assist in preparation and coordination with City and hauler to provide field site visit information for CalRecycle (i.e., routing information, commercial edible food generators listing, City facilities). Communicate with CalRecycle in preparation for visit.
2. Shadow JACE during field site visits to document any areas of non-compliance found for City to address.
3. Prepare Written Responses. Prepare response to JACE letter and other written communications to CalRecycle before the compliance review.
4. Coordinate Debrief and Next Steps. Compile field site visit notes of non-compliance for City follow-up and outline plan(s) to achieve compliance in areas noted during JACE field site visit.
5. Respond to Preliminary Findings Report and Notice of Violation (If Applicable).
Review CalRecycle preliminary findings report to City. Prepare for and meet with City to review report and outline next steps. Draft response to preliminary findings report including compliance solutions and timelines. Coordinate and meet with City and hauler to address any areas of non-compliance and determine communications for resolving any issues. Assist City in preparing Compliance Strategy Report in response to issuance of Notice of Violation (if applicable).
OPTIONAL TASK - SB 54 Compliance.
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requirements for single-use packaging and plastic food service ware, to be implemented through an extended producer responsibility (EPR) framework. EcoNomics can assist the City in evaluating how SB 54 may impact the City’s hauler agreement and recycling programs and help identify mechanisms—either through existing terms or amended agreements—to ensure compliance while protecting ratepayers. Our team can also collect and analyze data to inform the City’s understanding of program implications under SB 54.
Assistance with SB 54 compliance may include but is not limited to, some items included below are not included in the enclosed budget. Upon City request, if the City wishes to engage EcoNomics in this capacity, we can submit a separate proposal. • Tracking of progress on this legislation and regular updates to City staff on progress and or updates as needed
• Tracking of funding provided by Producers
• Recommendations to amend the agreements to allow for SB 54 compliance as applicable
• Development of language to educate the public on the significance and implications of this legislation
• Draft ordinances to improve jurisdictional compliance • Deliverables could include fact sheets, regulatory reviews, council briefings and regular review of jurisdictional compliance
OPTIONAL TASK - SB 1383 Training and Two Stream System.
EcoNomics can assist the City in developing training films for single-family residential, estate residential and/or commercial customers to describe SB 1383 requirements and depict the City’s new two stream system with Valley Vista Services. The video would be similar to the Rancho Mirage video; however, it would include the two-stream system. The task would include filming San Marino-specific shots and content. With the use of the new footage and existing City footage, EcoNomics staff as well as a third-party videographer, the following tasks would be completed to create the training films:
1. Develop organics recycling training video with San Marino-specific content. a. Identify key concepts to highlight, including acceptable materials and nonacceptable materials, how to use kitchen pails, how to use external receptacles for single-family residential, estate residential and commercial customers, how to manage odors, how to line the internal receptacles, how to roll the container out to the curb or place in external receptacles, what happens to the materials after collection, the sustainability benefits of the program, state and local requirements mandating the program, who to call if you need a different sized container or a new kitchen pail, and where to go for more information. b. Develop script to include key concepts described above.
2. Produce video
a. Film at multiple locations, including a residential kitchen setting, a single-family residential area showing the City’s new carts and trucks, an estate residential PAGE 70 of 704
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area showing the bundled bin and cart, and a commercial enclosure showing trash/recycling and organics dumpsters.
b. Provide actor(s) to narrate and to provide voice-over for film. c. Include collection of ‘B-roll’ footage of the community and of collection vehicles servicing containers.
3. Edit video
a. Includes 5 days of editing each video to develop consistent and seamless production, to incorporate voice-over and B-roll footage, and to develop graphics to aid in the conveyance of key concepts.
4. Edit Social Media clips from the final video product a. Edit (3) 15-30 second social media video clips to post on the City’s social media and website.
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Revised-7.2025
Exhibit B
Cost
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EcoNomics, Inc
City of San Marino Request for Proposals
Section 5. Pricing Proposal
Section 5. Pricing Proposal
Per the RFP’s instructions, EcoNomics has provided a separate pricing proposal. This separate proposal includes hourly rates, titles of personnel, and estimated hours for each task with subtotals adding up to a not-to-exceed (NTE) grand total for years one through three of the contracts. Table 1 below provides EcoNomics’ hourly rates by name and titled. Table 2 shows the proposed total NTE budget for all three project years. Tables 3-5 provide detailed budget buildups for each contract year. EcoNomics may request minor adjustments of hours between tasks with prior City approval. However, the NTE will not exceed the amount shown.
There are not additional costs for any travel, overtime, reproduction, mileage, mailing, etc. as these costs are included in hourly staff rates.
Table 1 - Schedule of Hourly Fees
Name Position Hourly
Rate Areas of Expertise
Law Offices of Cerene
St. John
Legal
Subconsultant $340 Legal assistance, as needed, for ordinance development and franchise interpretation Trevor S. Blythe MBA President $245
Project management, client interface, financial
and program analysis, diversion program
development and implementation, performance
monitoring, operations analysis, SB 1383
implementation.
Linda Furbee JD,
Kim Riley Director $195
Program implementation management,
compliance reporting, CalRecycle site visit
oversight
Sara Aubery MS Project Manager 175
Data analysis, generator notification oversight,
CalRecycle Electronic Annual Report fulfillment,
FORM 303 reporting, other CalRecycle reporting
requirements
Clarisa Gomez
Valeria Ferrufino
Ian Bevan
Sustainability
Specialist $150
SB 1383 program field implementation; program
development of education and outreach; data
entry and analysis
Bella Sullins Sustainability
Coordinator $135 SB 1383 program field monitoring; program education and outreach; data entry and analysis.
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EcoNomics, Inc
City of San Marino Request for Proposals
Section 5. Pricing Proposal
TABLE 2. NOT-TO-EXCEED BUDGET FOR ENTIRE 3-YEAR CONTRACT TERM FOR PROFESSIONAL SERVICE AGREEMENT BETWEEN DECEMBER 10, 2025 – JUNE 30, 2028
TABLE 3. PROPOSED YEAR 1 BUDGET (DECEMBER 10, 2025 – JUNE 30, 2026)
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EcoNomics, Inc
City of San Marino Request for Proposals
Section 5. Pricing Proposal
TABLE 4. PROPOSED YEAR 2 BUDGET (JULY 1, 2026 – JUNE 30, 2027)
TABLE 5: PROPOSED YEAR 3 BUDGET (JULY 1, 2027 – JUNE 30, 2028)
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EcoNomics, Inc
City of San Marino Request for Proposals
Section 5. Pricing Proposal
Note: Legal fees for Year 1 are allocated to a subcontractor (Law Office of Cerene St. John). During Years 2 and 3, all needed legal assistance will be obtained by collaborating with the City's legal team, which is necessary to maintain and adhere to the maximum annual budget of $75,000 for those subsequent years.
I hereby certify the pricing information herein is true and correct.
Signed:
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EcoNomics, Inc. | Page 1
34185 Street of the Violet Lantern, Suite 104, Dana Point, CA 92629 Contact Trevor Blythe, President, for clarification.
Mobile. 858.886.6657
Email: [email protected]
Solid Waste and Recycling
Consulting Services
Prepared by EcoNomics, Inc.
City of San Marino
November 14, 2025
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EcoNomics, Inc. | Page 2
TABLE OF CONTENTS
TITLE PAGE .................................................................................................... 1 TABLE OF CONTENTS ...................................................................................... 2 TRANSMITTAL LETTER..................................................................................... 3 SECTION 1: PROPOSAL SUMMARY .................................................................... 5 SECTION 1.1. EXECUTIVE SUMMARY ...................................................................................................... 5 SECTION 1.2. RESPONDENT QUALIFICATIONS AND EXPERIENCE ............................................................. 6 SECTION 1.2.1. DESCRIPTION OF TECHNICAL APPROACH ............................................................................... 6 SECTION 1.2.2. ECONOMICS’ QUALIFICATIONS.............................................................................................. 7 SECTION 1.2.3. RESUMES OF KEY STAFF MEMBERS........................................................................................ 9 SECTION 1.2.4. ADDITIONAL STAFF RESUMES...............................................................................................13 SECTION 1.2.5. SUB-CONSULTANT ...............................................................................................................15 SECTION 1.2.6. ORGANIZATIONAL STRUCTURE .............................................................................................17 SECTION 1.3. RESPONDENT CLIENT REFERENCES ................................................................................. 18 SECTION 1.4. PROPOSAL – SCOPE OF SERVICES.................................................................................... 19 TASK A. CalRecycle Support ........................................................................................................................19 TASK B. Provide Technical and Field Support for the Administration of the City's Solid Waste and Recycling Agreement .................................................................................................................................................29 TASK C. Provide Technical Recycling Assistance to Commercial, Residential, and Multi-Family Properties to Maintain and Develop Recycling Programs ..................................................................................................34 TASK D. Attend Progress Meetings and Prepare Monthly Progress Reports...................................................37 TASK E. Other Duties as Assigned ................................................................................................................37 SECTION 2: FINANCIAL INFORMATION............................................................ 42 Section 2.1. FINANCIAL STATEMENTS .................................................................................................. 42 Section 2.2. PRIOR LITIGATION / CLAIMS ............................................................................................. 42 Section 2.3. LETTER FROM INSURANCE BROKER .................................................................................. 42 SECTION 3: RESPONSE FORMS ....................................................................... 43 Section 3.1. ACCEPTANCE OF FORM OF PSA ........................................................................................ 43 Section 3.2. PROPOSAL AUTHORIZATION............................................................................................. 43 SECTION 4: DISCRETIONARY SUPPLEMENTAL MATERIALS ................................. 44
4.1. EXPLANATION OF RELEVANCY OF DISCRETIONARY SUPPLEMENTARY MATERIALS .......................... 44
4.2. DISCRETIONARY MATERIALS ......................................................................................................... 44 SECTION 5: PRICING PROPOSAL ..................................................................... 45 PAGE 78 of 704
EcoNomics, Inc. | Page 3
TRANSMITTAL LETTER
November 14, 2025
Amber Shah
Parks and Public Works Director/City Engineer
City of San Marino
2200 Huntington Drive
San Marino, California 91108
RE: EcoNomics’ Proposal for Solid Waste and Recycling Consulting Services in Response to the City of San Marino’s Request for Proposals
Dear Ms. Shah,
EcoNomics Inc. is pleased to submit the attached proposal to assist the City of San Marino in successfully meeting the diversion requirements and implementation goals of the City, Senate Bill 1383, and the City’s Agreement with Valley Vista Services. If selected, EcoNomics is ready and willing to enter into the Professional Services Agreement with the City included in the RFP for the services included in this proposal.
The accompanying proposal includes an overview of our approach to this project; a detailed scope of work based on our understanding of the project and the work tasks included in the RFP; descriptions of our relevant experience; resumes from the proposed project team; as well as a proposed 3-year budget.
EcoNomics brings the following unique set of skills and local knowledge to this project:
• Specific, detailed knowledge and understanding of the City’s agreement with Valley Vista Services (VVS). EcoNomics assisted the City in the competitive procurement process for the City’s new SB 1383-aligned agreement and was the lead in developing key programmatic and performance metrics aligned with state diversion mandates that have been incorporated into the City’s agreement with VVS. This knowledge will be brought to bear when assisting the City with oversight and management of the agreement and will help ensure the City is leveraging the tools in its agreement to proactively attain compliance with state diversion mandates. • Our project management team, consisting of Trevor Blythe and Linda Furbee, brings extensive San Marino experience in compliance implementation and contract management to this project. As part of the team negotiating with the incumbent previous hauler and running the recent RFP process, Mr. Blythe and Ms.
Furbee bring specific knowledge of and insight into the solid waste and recycling services in San Marino.
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• No conflict of interest. EcoNomics works almost exclusively for cities, counties, and other public agencies. EcoNomics is currently also assisting a non-refuse hauler business with solid waste and recycling consulting services (i.e. a quick service corporate client). We do not work for refuse haulers.
• Familiarity with the diversion environment in Southern California and CalRecycle compliance oversight processes. EcoNomics is currently working for 10 cities in Southern California, including San Marino, on a wide range of compliance management, implementation, and contract management projects. We are very familiar with the regional solid waste and recycling issues, the compliance assessment and enforcement protocols used by CalRecycle by Local Assistance and Market Development (LAMD) and Jurisdictional Assistance and Compliance Enforcement (JACE) representatives, as well as all the haulers operating within the area.
• Experience with hauler contract management and transitions. EcoNomics assists its client cities with managing their hauler contracts to ensure that the haulers are following their contractual obligations in order to achieve the State’s mandated recycling goals.
• Assist with new agreement transition. In addition to San Marino, EcoNomics has assisted Anaheim, Santa Ana, Newport Beach, Tustin, Lake Forest, Laguna Hills, Laguna Beach, and Rancho Mirage with transitioning to a new hauler agreement that is aligned with SB 1383.
The undersigned certifies that all information submitted in this proposal is true and correct. EcoNomics received all City-issued addendums and responses to questions re: the RFP. Trevor Blythe, President and 100% owner, is authorized to negotiate and contractually obligate EcoNomics pursuant to all terms and conditions stated in the proposal.
Please feel free to contact me directly at (858) 886-6657 or via email [email protected]. Thank you for your consideration.
Sincerely,
Trevor Blythe
President
EcoNomics, Inc. (a Colorado ‘C’ Corporation dba ECAL-NOMICS, INC. in California) Corporate Office
34185 Street of the Violet Lantern, Suite 104
Dana Point, California 92629
(858) 886-6657
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
SECTION 1: PROPOSAL SUMMARY
SECTION 1.1. EXECUTIVE SUMMARY
EcoNomics proposes to provide the City of San Marino with comprehensive regulatory, technical, and administrative support to ensure full and ongoing compliance with California’s solid waste, recycling, and organics mandates, including SB 1383, AB 341, AB 1826, AB 827, AB 939, CALGreen, and MWELO requirements. With more than 20 years of experience serving cities throughout Southern California as well as specific, detailed knowledge and understanding of San Marino’s solid waste and recycling history and new agreement, EcoNomics is uniquely positioned to support the City through complex reporting obligations, hauler oversight responsibilities, and State-level compliance expectations.
If selected, EcoNomics will continue serving our role as the City’s primary liaison with CalRecycle, managing increasingly detailed reporting obligations such as the Electronic Annual Report (EAR) and maintaining a comprehensive, audit-ready SB 1383 Implementation Record. Services include coordinating with City staff, Valley Vista Services (VVS), edible food recovery organizations, and other partners to collect, validate, and quality-check all required data related to diversion, procurement, outreach, contamination monitoring, food recovery, waivers, and enforcement. EcoNomics will also update or develop required City ordinance, including solid waste, recycling, C&D/CALGreen, and MWELO, as well as preparing the City’s first Environmentally Preferable Purchasing and Practices Policy.
EcoNomics will support the City in meeting all SB 1383 procurement requirements, including drafting an Environmentally Preferable Purchasing Policy (EPPP), verifying recyclable organics procurement tonnages, reviewing compost/mulch distribution, and incorporating AB 2346 procurement pathways. The team will also guide edible food recovery inspections, implement waiver processes, train staff on enforcement, and provide technical assistance and outreach aligned with the City’s public education needs.
A major component of the proposal includes contract oversight for the City’s new agreement with Valley Vista Services. EcoNomics will maintain a comprehensive compliance and deliverables tracking tool, facilitate monthly coordination meetings, review hauler reporting, evaluate service rollout, and monitor program implementation across single-family residential, estate residential, and commercial sectors. Field support includes container audit spot checks as well as verification of waste characterization and contamination monitoring beginning in 2027. EcoNomics will also support and conduct annual rate adjustment reviews consistent with the methodology included in the new agreement.
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
Through this integrated framework, combining regulatory expertise, program oversight, field auditing, policy development, and public outreach, EcoNomics will assist the City with SB 1383 compliance. EcoNomics is uniquely familiar with San Marino’s systems and needs, and if selected, will provide continuity, accuracy, and strategic support for all solid waste compliance and programmatic functions.
SECTION 1.2. RESPONDENT QUALIFICATIONS AND EXPERIENCE
SECTION 1.2.1. DESCRIPTION OF TECHNICAL APPROACH
In San Marino, EcoNomics conducted the hauler agreement negotiation and the RFP process. In addition, EcoNomics has been assisting the City with the transition to the new hauler, Valley Vista Services, since May 2025. As such, EcoNomics is in a unique position to provide contract management and technical support for the agreement because our team is familiar with the contract, and the City’s new hauler contractual obligation. Through assisting the City with the hauler agreement negotiation and the RFP process, EcoNomics has become familiar with the City, as well as its single-family residential generators, estate residential generators, and commercial generators. Our familiarity with the City of San Marino and our extensive experience in contract management and implementation of SB 1383 programs position us well to assist the City with the contract transition as well as with implementing state mandated diversion programs.
Our specific, technical approach to the project is detailed in each of Tasks A–E in the following Scope of Work section. In general, the biggest challenges we see for this project, and specific strategies to overcome these challenges, are contractor performance and City compliance with SB 1383. The City’s contract is a complex document full of checks and balances, incentives and disincentives, and auditing controls all designed to ensure compliance and protect ratepayers. These mechanisms were developed in response to the increasing organics diversion mandates set forth in SB 1383. From a hauler perspective, these compliance programs are costly and may erode the hauler’s profit margins that have already been impacted by recent commodity price fluctuations in the secondary materials markets. Hauling contractors tend to ‘backslide’ on performance requirements if there is a perceived lack of contractual management and/or oversight. The challenge moving forward will be to ensure the contractor executes these contractual provisions and programs faithfully and effectively in order to ensure the City’s ratepayers receive the services in which they are paying for and to ensure the city’s compliance with SB 1383. This will require extensive City staff and consultant time to review monthly, quarterly, and annual reports, waste characterization data, and route audit data, as well as attend recurring meetings. If the City or its consultant notes a departure from the contract on any of these reports or performance requirements, the City will need to act swiftly and decisively to resolve the issue.
Additionally, during negotiations with the incumbent hauler in 2023–2024, the City has been open in its communications to CalRecycle that its SB 1383 programs are forthcoming.
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
As the transition period is coming to end and residents and businesses are now accustomed to VVS as the service provider, the City will need to demonstrate to CalRecycle measurable forward progress with residential and commercial programs. The agreement, and the requisite hauler reports, is fully aligned with the programmatic requirements of SB 1383 so the City is well positioned to deliver on programmatic progress. As the City’s consultant, our job would be to assist in overseeing the implementation of the required programs, monitor hauler reports and field data to assess the efficacy of the programs, and assist in reporting to CalRecycle on compliance statuses, timelines, and challenges in an open and transparent manner to continue to foster the partnership that was developed over the past few years.
SECTION 1.2.2. ECONOMICS’ QUALIFICATIONS
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 multi-family 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, PAGE 83 of 704
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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 five competitive RFPs and seven negotiations that produced SB 1383-aligned agreements. In addition, we are assisting several jurisdictions in complying with SB 1383 with respect to planning and provision of infrastructure options.
Solid Waste & Recycling Agreements, Contract Negotiations, Collection Contracts, and Contract Management. EcoNomics assists local governments in competitive procurements and negotiations for solid waste and recycling/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 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.
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
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.
SECTION 1.2.3. RESUMES OF KEY STAFF MEMBERS
The key EcoNomics personnel that will oversee, manage and implement the solid waste and recycling scope of work included in this proposal include President Trevor Blythe, Director Linda Furbee, Program Manager Sara Aubery, and Sustainability Specialist Clarisa Gomez. Their resumes are included below. These key personnel will perform the day-today project services for the City of San Marino. Senior Program Implementation Coordinator Ian Bevan will assist with the City’s CalRecycle Electronic Annual Report.
Additional staff who will assist as needed depending on the project are included in the next section.
KEY PERSONNEL
Trevor Blythe, MBA
Title: President
Time with EcoNomics, Inc.: 20 years
Education: MBA in Sustainable Management from Presidio Graduate School, 2014; BS in Environmental Science, University California, Santa Barbara, 2006 Specializations: Project Management, SB 1383 Implementation Planning, CalRecycle Compliance Management and Troubleshooting
Trevor Blythe is the owner and President of EcoNomics, Inc., a sustainability consulting firm located in Southern California, and has over 19 years of experience in the sustainable materials management industry for both local government and corporate clients. Trevor provides direct technical assistance to EcoNomics’ municipal government clients to assist with rate impact analyses and studies, the implementation and expansion of municipalscale organics recycling programs, as well as management of hauling contracts to ensure compliance with state and local sustainability laws and mandates, including California’s Senate Bill 1383. Mr. Blythe has assisted large engineering firms, as a subcontractor, with conducting waste characterizations at public agencies to identify opportunities for zero waste programs.
Recently, Mr. Blythe supported the City of San Marino in the development of a competitive RFP for solid waste and recycling collection services. Mr. Blythe also supported the Cities of Laguna Hills, Lake Forest, and Laguna Beach in developing a competitive RFP for solid waste and recycling collection services. In Laguna Beach, the RFP was designed to align with the City’s forward-thinking sustainability goals and meet State diversion requirements. Key features included the electrification of the collection fleet, the PAGE 85 of 704
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
integration of IoT technology to monitor bin fullness and contamination levels, and an innovative rate structure that incentivizes waste reduction and minimization for both businesses and residents. Mr. Blythe has extensive experience designing and modeling rate structures to assess the revenue impacts of changes in service offerings required to expand recycling and organics programs, ensuring compliance with state laws and the achievement of local sustainability goals. To this end, he has used waste characterization data gathered from restaurants to develop strategic tools to guide franchise-operated locations with optimizing solid waste, recycling, and organics recycling services based on readily available annual store revenue data.
Mr. Blythe holds a Master of Business Administration (MBA) in Sustainable Management from Presidio Graduate School in San Francisco, one of the first and only graduate-level institutions to offer an MBA where sustainability is integrated throughout the entire course curriculum. 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 has taught 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. He is the recipient of Waste360’s 2024 40 Under 40 Award, recognized as an inspiring professional making a significant contribution through his work in waste, recycling, food waste, and organics.
Linda Furbee, JD
Title: Municipal Projects Director
Time with EcoNomics: 4 years
Education: Juris Doctorate from California Desert Trial Academy College of Law; BA in Political Science, UC Riverside
Specializations: Hauler Agreement Contract Management/Transition, Procurement/ Drafting
Linda Furbee joined EcoNomics in October 2021. Ms. Furbee has worked with the City of San Marino since 2023 to assist in solid waste and recycling agreement negotiations with the previous hauler to incorporate SB 1383-compliant service. She also assisted in drafting the scope of work for the City’s competitive RFP process in 2025 in addition to providing strategic advice and oversight to the City during the process. Ms. Furbee has assisted the City of San Marino’s submittal for the 2023 and 2024 Electronic Annual Reports to CalRecycle and is familiar with the program opportunities and challenges the City faces in attaining SB 1383 compliance.
As her first assignment at EcoNomics, 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 solid waste and recycling agreement 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, PAGE 86 of 704
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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 Newport Beach and San Marino with procurement processes, both via a competitive RFP process and via negotiations, to ensure the 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.
Sara Aubery, MS
Title: Manager of Data Analytics
Time with EcoNomics: 3 years
Education: MS in Natural Resource Management and Marine Science, University of the Virgin Islands, 2014; BS in Animal and Conservation Biology, University of California, Davis, 2007
Specializations: Program Design, Implementation and Sustainable Finance, Data Analysis, Database Management, Outreach and Education
Sara Aubery joined EcoNomics in January 2023. Ms. Aubery has assisted the City of San Marino during the competitive RFP process in 2025 by compiling the proposed rates received from the six proposers into an aggregated comparative analysis. The analysis was used to evaluate the total citywide costs to the ratepayers for each proposer and was instrumental for use during the evaluation process.
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 managed 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.
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
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 five 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.
Clarisa Gomez
Title: Sustainability Specialist
Time with EcoNomics: 2 years
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, Edible Food Recovery Outreach
Clarisa Gomez joined the EcoNomics team in February 2024 to assist with field implementation. Ms. Gomez has assisted the City of San Marino with compiling the implementation record, research and analysis for the City’s Electronic Annual Report, as well as assistance with SB 1383 public education and outreach. She has also 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. She developed a protocol for the City of Anaheim to accelerate the waiver review process for de organic de minimis and physical space constraint waivers. She assists with State reporting and recordkeeping of SB 1383 and Form 303 reporting.
Ms. Gomez previously worked as a Sustainability Recycling Specialist for CR&R where she compiled tonnage data for monthly and quarterly diversion reports, developed clientfocused 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.
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
Ian Bevan, MBA
Title: Senior Program Implementation Coordinator
Time with EcoNomics: 10 years
Education: MBA in Sustainable Management, Presidio Graduate School, 2012; BA in Political Science, San Diego State University, 2008
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. Mr. Bevan has assisted the City of San Marino with compiling the implementation record, research and analysis for the City’s Electronic Annual Report, as well as assistance with SB 1383 public education and outreach. 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 specializes in CalRecycle Electronic Annual Report data collection, data analysis and preparation, as well as preparation of CalRecycle Form 303 data collection, data analysis and preparation for many of EcoNomics’ client cities, including Anaheim, Mission Viejo, Lake Forest, Laguna Hills, Buena Park, San Marino, Laguna Niguel and San Juan Capistrano.
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.
SECTION 1.2.4. ADDITIONAL STAFF RESUMES
Kim Riley
Title: Director of Compliance Implementation Projects
Time with EcoNomics: 5.5 years
Education: BS in Environmental Studies, University of California, Santa Barbara, 2014 Specializations: Compliance Management, SB 1383 Program Implementation, Monthly Meeting Oversight, State Compliance Reporting, Edible Food Recovery Program Management
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Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
Kim Riley joined EcoNomics in February 2020 and has managed SB 1383 compliance implementation efforts in the Cities of San Juan Capistrano, Lake Forest, Laguna Niguel, and Mission Viejo, as well as hauler contracts in the Cities of Lake Forest, Laguna Niguel, and Mission Viejo. Ms. Riley works collaboratively and effectively with clients and haulers to ensure that SB 1383 programs are implemented, appropriate records are maintained in City’s Implementation Records, and they are reported in a City’s Electronic Annual Report (EAR). Ms. Riley leads the EcoNomics team support of multiple clients’ SB 1383 edible food recovery programs. She assists municipal clients with review and analysis of annual rate adjustments and hauler reporting. She also supports EcoNomics’ corporate clients’ sustainability programs.
Ms. Riley holds a TRUE (Total Resource Use and Efficiency) Certification from the Green Business Certification Inc. (GBCI). Ms. Riley was previously a Certified Practitioner in Zero Waste Practices and Principles through a program that is jointly administered by California Resource Recovery Association (CRRA) and Solid Waste Association of North America (SWANA).
Prior to joining EcoNomics, Ms. Riley worked for The Bay Foundation in the Los Angeles area as a community engagement coordinator. In this capacity, she worked with the Southern California recreational boating community to provide tools and resources to prevent pollution and with restaurants in the South Bay to implement organics recycling programs where all food scraps collected were composted at local schools for their onsite gardens.
Valeria Ferrufino
Title: Senior Sustainability Specialist
Time with EcoNomics: 5 years
Education: BA in Geography with Emphasis in Environmental Analysis, Geographic Information Systems Certificate, California State University Fullerton, 2022; 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
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 of Laguna Hills’ SB 1383 programs to assess participation and contamination levels and provides assistance with hauler contract management and hauler report analysis. 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 1,000 residents in San Juan Capistrano and Laguna Niguel, informing about organic recycling guidelines. Ms. Ferrufino has implemented, provided staff training, and verified the quality PAGE 90 of 704
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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. Ms. Ferrufino is the team lead on GIS applications, completing mapping projects such as residential contamination based on multi-year waste characterization data, optimized recycling collection routes, and missed residential services.
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. She earned her Bachelor’s degree from California State University at Fullerton in 2022.
Bella Sullins
Title: Program Implementation Coordinator
Time with EcoNomics: 3 years
Education: Bachelor of Arts in Environmental Studies, Point Loma Nazarene University, 2023
Specializations: 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 noncompliant 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 nonprofit 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.
SECTION 1.2.5. SUB-CONSULTANT
EcoNomics would use one sub-consultant if engaged by the City of San Marino on an asneeded basis. EcoNomics would use Cerene St. John, J.D., as a sub-consultant for any legal drafting, review, and analysis needed during the course of the project. These services would be provided through the Law Office of Cerene St. John. Ms. St. John is an active member of the State Bar of California and worked as a Deputy City Attorney for the City and County of San Francisco from 1980-1984. She currently provides contract drafting, contract negotiation, ordinance writing, analysis of legislation, and specialized PAGE 91 of 704
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sustainability and franchise oriented legal services for jurisdictions statewide. She is familiar with Propositions 218 and 26 as well as AB 341, AB 1826, SB 1383 and their corresponding CalRecycle regulations. She bridges program implementation requirements into legal and regulatory language and metrics for use in assuring compliance and performance from hauling companies and their affiliates.
Cerene St. John, J.D.
Title: Attorney (Subcontractor)
Education: J.D. Degree from The University of Santa Clara School of Law (1980); B.A. in Political Science from California State University, San Bernardino (1977) 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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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.
SECTION 1.2.6. ORGANIZATIONAL STRUCTURE
EcoNomics Inc. is a Colorado ‘C’ Corporation; dba ECAL-NOMICS, INC. in California (California Corporation #C1858098). The company’s President, Trevor Blythe, maintains 100% ownership.
President Trevor Blythe will be a part of the key personnel team that will oversee, manage and implement the solid waste and recycling scope of work included in this proposal for San Marino. His resume is included above in Section 1.3.2 Key Staff Member Resumes.
Project Director Linda Furbee will be the day-to-day project manager. Her resume is also included in Section 1.3.2.
All EcoNomics staff are members of the California Resource Recovery Association (CRRA).
See below an organization chart of the proposed project team.
Figure 1.2.6. Organization Chart of Proposed Project Team Trevor Blythe, MBA
President
Linda Furbee,
Director, Contract
Compliance
Sara Aubery,
Reporting and Data
Manager
Clarisa Gomez,
Sustainability
Specialist
Ian Bevan,
Compliance
Reporting
Coordinator
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SECTION 1.3. RESPONDENT CLIENT REFERENCES
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SECTION 1.4. PROPOSAL – SCOPE OF SERVICES
TASK A. CALRECYCLE SUPPORT
TASK A1. WORK WITH CALRECYCLE STAFF
EcoNomics currently assists its client cities with legislative tracking, CalRecycle interface, and compliance reporting. EcoNomics has connections with key policy makers, advocacy groups, and regulatory agencies in Sacramento and is aware of pending solid waste legislation as it develops. EcoNomics has direct contact with senior level staff at CalRecycle and, as such, can provide its clients with high-level insight into the legislative and regulatory development processes. EcoNomics will continue to provide the City of San Marino with new SB 1383 reports, as new FAQ’s, tools, and guides role out from the State.
EcoNomics will also work closely with San Marino’s Local Assistance and Market Development (LAMD) representative to discuss situations specific to the City including updates on compliance status, and SB 1383 programmatic and legislative clarification questions. In addition, EcoNomics will continue to attend the regular “Chats with CalRecycle” on behalf of the City to glean best practices and participate in the discussion forum.
EcoNomics is familiar with the City’s 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. In our experience, providing accurate data that documents AB 939, AB 341, AB 1826, AB 827, and SB 1383 implementation efforts, verifiable diversion tonnage reporting, and concurrent outreach activities are all critical to demonstrating compliance.
EcoNomics will continue to prepare and facilitate the CalRecycle annual visit agenda and associated implementation reports. And, when applicable, facilitate tours of properties that showcase innovative and cost-saving diversion programs for CalRecycle’s annual site visit.
TASK A2. ASSIST IN PREPARATION OF CALRECYCLE REPORTS, INCLUDING EAR REPORT EcoNomics has extensive experience in San Marino, and in nine other Southern California jurisdictions (Anaheim, Mission Viejo, Lake Forest, Laguna Niguel, Laguna Hills, Buena Park, San Juan Capistrano, Santa Ana, and Tustin), with assisting client cities with CalRecycle reporting, compliance notifications for both Electronic Annual Reports (EARs) and Form 303 HHW reports, and City-County Payment Program grant reporting. On an annual basis, CalRecycle requires the submittal of an Electronic Annual Report (EAR) and also arranges jurisdiction site visits for verification and inspection purposes. EcoNomics will provide services to assist staff in meeting its mandated reporting duties. In addition, if CalRecycle highlights any issues or concerns, EcoNomics will work with the agency to remedy any perceived or actual deficiencies.
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EcoNomics has assisted the City of San Marino with its Electronic Annual Report submittal since 2023. As a result of having assisted with the City’s annual reporting processes, EcoNomics, if selected, will be able to complete reports efficiently and precisely. 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 of 2022, the CalRecycle Electronic Annual Report has changed significantly, amounting to a sizable increase of efforts needed to successfully complete this required state reporting. In addition to the DPS codes from EARs historically, the EAR now contains 15 additional reporting modules, each of which with a corresponding record keeping system which must always be maintained and up to date in perpetuity. EcoNomics assisted client cities with this transition to the “new EAR” for reporting year 2021 and the first half of 2022. This involved the creation of an online record keeping system which houses the supporting documentation and data sources that feed into the “New EAR”. 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:
• Review tonnage reports for the reporting year to determine diversion quantities for commercial, residential, and special event sectors
• Conduct analysis of available data to determine reportable tonnages for several DPS Codes
• Contact the CalRecycle to obtain exact California Redemption Value recycling activity at buyback centers within the City limits
• Review County reports to obtain self-haul and salvage figures from County landfills • Review hauler tonnage reports, contact local construction and demolition (C&D) processing facilities, and review City records of C&D ordinance compliance forms to determine the amount of C&D materials diverted during reporting year • Contact hauler and review City records to obtain information on outreach used to inform residents and businesses of recycling programs
• Compile all data requests for the City, Hauler, and external data sources • Summarize all printed, electronic, and direct outreach attempts and populate in the record keeping system’s outreach tracking spreadsheet which includes tracking of how many people received such materials
• Obtain analytics of various web-based resources including webpages, videos, brochures, bill inserts housed on City, hauler and County websites • Coordinate with the County to obtain quantities of hazardous materials and electronic waste taken to County facilities by City residents • Contact local grocery stores and restaurants to quantify existing internal rendering and composting programs for the reporting year
• Coordinate with State government agencies to quantify internal diversion activities at local state agency offices
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• Analyze the City’s Capital Improvement Project (CIP) bid sheets to quantify the diversion of materials crushed and reused as road base and to determine the tons of rubberized asphalt used in the City
• Coordinate with local food banks to determine the weight of edible materials donated
• Coordinate with landscaping contractors to determine tons of landscaping waste diverted from the landfill
• Coordinate with City to determine traditional and SB 1383 mandated product quantities procured
• Provide supporting citations and direct links to information sources from within the City’s Record keeping system
• Formalize new processes to ensure that the City’s record keeping system is always up to date and that all parties who contribute such data in various reporting areas know the exact protocol to maintain the implementation record • Lead the review and quality control process, which includes crosschecking all data points and facts presented
• Upload EAR into LOGIC system
• Attend all CalRecycle web-based meetings to ensure that we are apprised of all new reporting expectations and changes within the LOGIC system • Assist in answering any follow up questions from CalRecycle Over the last nearly two decades of submitting the City’s annual report, EcoNomics has established a database and a preparation schedule for assembling the necessary information for submittal of CalRecycle’s required Electronic Annual Report (EAR). This refined data collection process, and the incorporated efficiencies, will be applied to the City of San Marino’s annual report. As part of the procedure, a diverse set of data is collected and verified for all aspects of SB 1383. This comprehensive database leads to a thorough annual report that provides CalRecycle with a clear narrative that strongly demonstrates the City’s compliance with SB 1383 requirements.
TASK A3. SUPPORT THE CITY WITH SB 1383 REQUIREMENTS
EcoNomics will support the City with various SB 1383 requirements including edible food recovery, recordkeeping, reporting, waiver administration, and enforcement.
Edible Food Recovery.
There are no Tier 1 generators and no Edible Food Recovery Organizations (EFROs) located in the City of San Marino. The San Gabriel Valley Council of Governments (SGVCOG), in contract with the City of San Marino, previously identified three Tier 2 generators in the City: Huntington Library, San Marino Unified Schools District, and the City’s 4th of July special event. SB 1383 requires the City to conduct inspections of Tier 1 generators beginning January 1, 2022 and Tier 2 generators beginning January 1, 2024. The SGVCOG conducted inspections of the Tier 2 generators and determined that they were noncompliant with the edible food recovery requirements. EcoNomics has extensive experience in conducting Tier 1, Tier 2, and EFROs site visits and inspections, as well as PAGE 97 of 704
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providing technical assistance to the generators to assist with compliance. If selected, EcoNomics will conduct site visits and inspections for the City’s Tier 2 generators and provide technical assistance to the generators to assist with compliance. The process of conducting an inspection is as follows:
• Develop state-mandated notification letter to edible food generators. Provide this notification annually per State requirements. Include link to City’s online edible food recovery resource listing. Request recipients of the letter contact EcoNomics to schedule a site visit.
• Develop an enforcement process to refer non-compliant generators to the City for enforcement, as needed.
• Conduct in-person inspections of edible food generators to verify SB 1383-compliant edible food recovery programs, as mandated by SB 1383. Inspection will include meeting with management staff or team, visual and photographic documentation of edible food recovery staging area (if applicable), visual review of edible food recovery contract, and completion of checklist for the City’s implementation record. • Provide technical assistance to edible food generators to develop edible food recovery programs, as needed.
• Refer non-compliant and non-cooperative edible food generators to City for enforcement, as needed.
• Compile SB 1383 edible food compliance reports for inclusion in City’s implementation record.
EcoNomics has implemented edible food recovery programs, including conducting Tier 1, Tier 2, and EFRO site inspections and enforcement as well as providing technical assistance to assist generators to assist with compliance in Buena Park, Laguna Hills, Laguna Niguel, Lake Forest, Mission Viejo, San Juan Capistrano, and Tustin.
Record-Keeping.
In addition to the EAR reporting and record-keeping described in Task 1.2 above, CalRecycle requires jurisdictions to keep an Implementation Record of data and reports related to the State’s solid waste and recycling requirements. CalRecycle may request any or all data and reports included in a jurisdiction’s implementation record, and the jurisdiction must provide the requested data and reports within ten (10) business days.
Under the previous hauler’s contract, EcoNomics had updated the City of San Marino’s Implementation Record to the extent possible. In recent months, EcoNomics has been updating San Marino’s Implementation Record with the new hauler contract, new service methodology with the high diversion MRF and programs included in the City’s new SB 1383- aligned contract. If awarded the contract to continue working with San Marino, EcoNomics would complete updating the City’s Implementation Record with all of the new information from the transition to the new hauler, including all the new public education and outreach to the single-family residential, estate residential, and commercial customers, and hauler reports. Once updated with this information, the Implementation Record will continuously need to be updated as new programs are implemented, and as new data, materials, and reports become available.
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At a minimum, the following records are required to be maintained in the Implementation Record:
• Ordinances and Enforceable Mechanisms
• Written Program Descriptions
• Organic Waste Service Collection
• Contamination Minimization, including Route Reviews and Waste Evaluations • Waivers and Exemptions
• Education and Outreach
• Jurisdiction Oversight of Hauler Programs
• Edible Food Recovery
• Recovered Organic Waste Product Procurement
• Paper Procurement
• Inspection and Enforcement
• Compliance Reviews
• Investigation of Complaints and Alleged Violations
To compile and maintain the City’s SB 1383 Implementation Record, EcoNomics uses two tools:
(1) Dropbox Cloud Storage: Dropbox is a third-party cloud-based software used primarily for online file storage and file sharing. EcoNomics uses Dropbox as its internal file storage and file sharing system and has great familiarity with its structure and features. The City is able to access these files at any time as they will be hosted in the cloud. EcoNomics has also used Microsoft SharePoint as a filesharing system as well and is able to use this platform if the Clty desires. (2) CalRecycle’s Model Implementation Record Tool: EcoNomics populates and annotates CalRecycle’s model tool specific to the City of San Marino’s recordkeeping needs. The tool serves as a landing “page” for all of the City’s required SB 1383 records. The tool is a workbook consisting of multiple tabs specific to each of the recordkeeping sections mentioned above. EcoNomics gathers information and records from the City, its representatives, and its contractors to populate the Implementation Record.
EcoNomics has extensive experience in assisting client cities with their CalRecycle Implementation Record including San Marino, Anaheim, Laguna Hills, Laguna Niguel, Lake Forest, Mission Viejo, San Juan Capistrano, Santa Ana, and Tustin.
Reporting.
In addition to the Implementation Record, there are many solid waste and recycling points of data and many reports from the hauler, as well as from generators within San Marino.
EcoNomics will collect, analyze and collates the data and report, then provides the analysis and updates to City staff. In addition, EcoNomics will create and maintain databases and tracking spreadsheets in relation to compliant and non-compliant AB 341, AB 1826, and SB 1383 accounts. EcoNomics will continue to assist San Marino with CalRecycle reporting requirements as discussed above, including the EAR and any other reporting document PAGE 99 of 704
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requested. EcoNomics performs similar tracking, analysis and reporting for other cities, including Anaheim, Laguna Hills, Laguna Niguel, Lake Forest, Tustin, Mission Viejo, Santa Ana, and Tustin.
Waiver Administration.
CalRecycle requires all commercial businesses to process 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 may be eligible for a de minimis waiver if the business produces a less than 10 or 20 gallons weekly (depending on overall waste service levels) 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.
This process includes a desktop analysis of the generator, including the amount of waste disposed as well as the recycling and organics materials diverted, the types of materials in the waste, recycling, and organics streams, and any generator space constraints.
EcoNomics then follows up with the hauler for site visit data and information or conducts the site visit to gather the necessary data and information. If it is determined that a generator is eligible for a SB 1383 waiver, EcoNomics works with City staff to notify the generator and the hauler of the waiver.
EcoNomics has assisted and/or currently assists with waiver protocol development and waiver processing for the Cities of Newport Beach, Anaheim, Tustin, Mission Viejo, Santa Ana, Lake Forest, Laguna Niguel, and San Juan Capistrano.
Enforcement.
As discussed in Task A4 below, Economics will assist the City with updating its solid waste and recycling ordinance. The amended ordinance will include City enforcement mechanisms to require generators to subscribe to organics recycling programs. The amended ordinance will include the ability for the City to issue administrative citations and penalties to generators if they do not implement programs or if there is repeated contamination that does not comply with CalRecycle requirements. After the ordinance amendment, EcoNomics will assist San Marino with this enforcement method, if needed, to comply with CalRecycle requirements. However, the imposition of monetary penalties is a last resort. EcoNomics will continue to enforce the City’s hauler agreement by working with the hauler to implement programs in accordance with City’s hauler agreement, which in turn will assist the City with its CalRecycle compliance. EcoNomics will also continue to educate and provide technical assistance to generators for implementation of programs.
EcoNomics will assist the City in developing a standard operating procedure (SOP) for the fair and equitable enforcement of the City’s amended ordinance. The SOP will include the following components:
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• 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 the hauler • Process for evaluating the compliance of an internal diversion program In addition to developing the SOP, EcoNomics will provide training to the City’s code enforcement staff on how to implement the SOP, if needed.
EcoNomics had experience in developing enforcement processes for the client cities including Santa Ana, Newport Beach, Laguna Hills, Laguna Niguel, Lake Forest, and San Juan Capistrano.
Outreach and Education.
Compliance with SB 1383 state-mandated organics diversion programs requires the Cities to have extensive public education programs in place. A successful public education program will (a) train the community on best practices to efficiently separate food scraps from trash and recyclable materials, (b) prevent contamination of recycling and food scraps, (c) educate the community about recycling and how food scraps are composted or processed through anaerobic digestion, and (d) educate the community about how wasting food can have negative impacts, both locally, in terms of food insecurity, and globally, in terms of climate impacts. EcoNomics will assist the City of San Marino in reviewing, revising, developing, and implementing the public education program requirements of SB 1383.
Attachment B to the City’s contract with Valley Vista Services includes a number of public education and outreach requirements for single-family residential, estate residential, and commercial customers. EcoNomics has been assisting with reviewing and editing VVS’ public education and outreach materials, and ensuring the materials are translated and provided in Mandarin, as required by the contract. If selected, EcoNomics will continue with this process.
In addition, as needed, EcoNomics will prepare additional public education and outreach materials for distribution to single-family residential, estate residential and/or commercial customers, including letters, flyers, brochures, postcards, social media posts, newsletter articles, website updates, town hall presentations, toolkits, surveys, training materials, etc.
EcoNomics recommends an update to the trash and recycling portion of the City’s website to align with SB 1383 and the new contract. EcoNomics can assist by providing recommendations for additional subject matter and language to add to the City’s website.
EcoNomics has extensive experience in assisting client cities with reviewing and editing of hauler provided public education and outreach, as well as preparation of public education PAGE 101 of 704
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and outreach to all sectors of the community, including for the Buena Park, Santa Ana, Anaheim, Tustin, Laguna Hills, Laguna Niguel, Lake Forest, Mission Viejo, and San Juan Capistrano.
TASK A4. UPDATE CITY’S SOLID WASTE AND RECYCLING ORDINANCE, C&D ORDINANCE AND MWELO, DEVELOP SB 1383-ALIGNED PURCHASING POLICY, AND ASSIST WITH CALRECYLE
PROCUREMENT TARGET
EcoNomics will assist the City with updating internal policies, procedures, and ordinances related to solid waste and recycling to ensure compliance with SB 1383 and other State legislation, including development of the City's first Environmentally Preferable Purchasing Policy.
Solid Waste and Recycling Ordinance.
EcoNomics and its subcontractor, The Law Office of Cerene St. John, have written SB 1383 compliant solid waste and recycling ordinances for the Cities of Napa, Rancho Mirage, Calabasas, Laguna Hills, Laguna Niguel, Newport Beach, and assisted staff with carrying through the ordinance approval process.
With the adoption of the City’s new agreement with Valley Vista Services utilizing a twostream collection method and VVS’ high diversion MRF, the City of San Marino’s current solid waste and recycling ordinance will need to be updated. In addition, the City’s current solid waste and recycling ordinance will need to be updated to be SB 1383 aligned.
EcoNomics will cross-check the City of San Marino’s current solid waste and recycling ordinance with CalRecycle’s Model Mandatory Organic Waste to ensure the City’s current ordinance meets the requirements of an SB 1383 compliant ordinance. EcoNomics and Ms.
St. John will also develop ordinance amendment language for review by City staff and the City Attorney that would bring the City’s solid waste and recycling ordinance in compliance with CalRecycle’s requirements and to be consistent with the new collection agreement.
As an example, Eric Vail identified that the Municipal Code currently has no provisions for self-haul of materials, with the exception of landscapers and recyclable materials that are donated or sold.
C&D Ordinance.
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.
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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
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
Model Water Efficient Landscaping Ordinance (MWELO).
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. 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.
Environmentally Preferable Purchasing and Practices (EPPP) Policy.
SB 1383 requires the City to develop an Environmentally Preferable Purchasing and Practices (EPPP) Policy. EPPP 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.
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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 EPPP.
Assist with City’s CalRecycle Procurement Target – Procurement of Recycled Organic Waste Products (ROWP).
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 2022 (or an equivalent amount of energy or fuel products derived from organic materials). AB 1985 required that the City procure 65% of its total procurement target, and in 2024, the City met its 65% goal by procuring 674 tons of compost/mulch. In 2025, EcoNomics assisted the City with third party procurement options, and the City completed the negotiation and agreement with Agromin to achieve its 100% 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, onsite chipping of tree trimmings by the City’s contractors, investments to increase organics processing infrastructure, and community composting. EcoNomics will continue to 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 ROWPs requirements • Conduct baseline inventory of current ROWPs 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 ROWP credits from current energy usage
• Analysis of hauler RNG usage to determine eligibility to count towards City’s ROWP target
• Coordination with CalRecycle to ‘right-size’ procurement target if City cannot reasonably obtain ROWP 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
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• Identify SB 1383-procurement credit-eligible source of electricity for use by City facilities
• Other procurement-related tasks, as needed
TASK B. PROVIDE TECHNICAL AND FIELD SUPPORT FOR THE ADMINISTRATION OF THE
CITY'S SOLID WASTE AND RECYCLING AGREEMENT
EcoNomics shall provide support to the City as it relates to administering the City’s agreement with Valley Vista Services for the Collection, Transportation, Processing, and Diversion of Recyclable Materials, and Other Materials and for the Collection, Transportation, and Disposal of Municipal Solid Waste, including the following activities below.
EcoNomics assisted the City with the recent RFP process to align its solid waste and recycling contract with SB 1383 requirements. As such, EcoNomics has an in-depth understanding of the various contractual mechanisms contained in the agreement to direct the City’s contractor to expand diversion programs, provide reports, verify data, etc.
Further, EcoNomics is familiar with deliverables required by the agreement and the timing for services provided to the City by VVS. EcoNomics will use this experience to evaluate progress in implementing SB 1383 state-mandated diversion programs. The reporting requirements in the agreement will provide data on contamination and diversion program impacts that will be helpful in assessing the City’s compliance.
TASK B1. MAINTAIN A CHECKLIST OF ALL CONTRACT REQUIREMENTS EcoNomics will maintain a checklist of all contract requirements and due dates contained in the contract. EcoNomics will support the City in at least monthly meetings with Valley Vista Services to review contract requirements and coordinate with VVS regarding public education items and materials, implementation and enhancement of SB 1383-compliant programs, and other issues that may arise.
Compliance with SB 1383 has increased the complexity of hauler agreements and requires frequent review of the document to identify deliverables. In other client cities, EcoNomics has developed a contractual deliverable tracking tool that provides an ‘at-a-glance’ reference of time-sensitive contractual and compliance obligations. This tool is useful in to developing monthly agenda items, providing a ‘heads-up’ to City staff and VVS staff of pending deliverables, and to track contractor compliance with the agreement. EcoNomics uses Monday.com, a cloud-based work operating system (Work OS) that acts as a project and work management platform for teams. It allows the Project Manager to manage tasks, projects, and workflows through customizable, visual boards and offers features for collaboration, automation, and reporting. While it excels at project management, it can also be used for other functions like CRM, task management, and marketing campaigns.
The software system also allows for easy access to Excel export abilities for a more traditional view of project management.
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Additionally, using VVS’s monthly reports and data exported from the City’s forthcoming CRM system (Terra Compliance), EcoNomics will monitor and track progress with AB 1826, AB 341, and SB 1383 compliance based on program participation, tonnage, and the number of new waste diversion programs implemented and VVS outreach efforts in relation to single-family residential, estate residential, and commercial generators. This tool will assess the implementation and participation pacing of these compliance programs and measure them against the requirements of the agreement. If selected, EcoNomics would continue to develop this tool to include CalRecycle reporting and compliance deliverables, incorporate additional contractual deliverables, and other key program implementation tracking items such as SB 1383 compliance requirements. EcoNomics will make this document available to both the City and the hauler via a cloud-based, file-sharing system.
The document will be updated within 30 days of receiving any deliverables.
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Figure 1.4.1: Example of Contract Compliance Tracking Document Used in the City of Anaheim
Figure 1.4.2: Example of Contract Dashboard Tracking Tool to Assess Progress of Hauler Towards Contract Deliverables
TASK B2. ASSIST IN IMPLEMENTATION OF RECYCLING PROGRAMS EcoNomics has extensive experience in implementing AB 939, AB 341, AB 1826, and SB 1383 recycling programs in jurisdictions in both Southern and Northern California. The agreement between the City and VVS is designed to require VVS to provide technical PAGE 107 of 704
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assistance directly to generators to achieve compliance. EcoNomics assumes the City will require VVS to be the lead in coordinating with commercial and estate residential customers to implement state-mandated programs. However, at the City’s direction and/or as needed, EcoNomics will provide technical support for implementation of recycling programs to all sectors, i.e., commercial, single-family residential, and estate residential generators. In addition, as needed or directed by City, EcoNomics may accompany VVS staff to meetings with commercial, single-family residential and/or estate residential customers to provide public education and technical assistance for implementation of solid waste and recycling programs.
In addition, VVS is required to design recycling programs for the special events in San Marino. EcoNomics will assist with review of the VVS special event recycling programs and assist with recycling program implementation for special event as needed. EcoNomics will also assist with implementation of special recycling programs, as needed. This many include full design and implementation of the recycling program or finding a new vendor for a specific recyclable material. EcoNomics will provide review and oversight of the hauler’s recycling program implementation and will provide technical assistance for recycling program implementation to ensure that the City is achieving CalRecycle goals and requirements. There is limited technical assistance included in our proposed budget for this task as we assume VVS will take the lead in implementing diversion programs with commercial, estate residential, and single-family residential customers per contractual requirements.
TASK B3. REPORT REVIEW
Due to its involvement in the drafting of the City’s agreement with Valley Vista Services, EcoNomics is familiar with all of the reporting protocol requirements in the agreement and attachments, specifically Attachment K. VVS is required to submit monthly reports, quarterly reports and annual reports to the City as described in Attachment K. EcoNomics will review VVS’ submitted reports, identify areas of inquiry with the City, and review any issues at the monthly meetings in Task 4 with the City and VVS. This monthly format of meeting with the City’s hauler to review reports has proven worthwhile in maintaining accurate and timely reporting and program monitoring and oversight. If selected, EcoNomics looks forward to working with Heather Bragdon with VVS on the City’s reporting requirements.
For resolving commercial and estate residential account issues identified as a result of the report analysis, EcoNomics obtains the hauler’s updated raw data account listing which is contains key account service information needed to implement diversion programs.
Through desktop data analysis, EcoNomics can review the account listing to identify the City’s generators’ compliance statuses with AB 341, AB 1826, and SB 1383. The hauler submits the list to the City monthly, which can be analyzed to provide the City with realtime compliance updates.
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If the purchase of Terra Compliance SB 1383 software is approved by the City Council, EcoNomics will assist with ensuring all relevant hauler reporting data as well as all relevant EcoNomics data related to San Marino is uploaded into Terra Compliance.
TASK B4. PROVIDE OVERSIGHT OF WASTE AUDITS AND CONTAMINATION MONITORING Beginning in 2027, the City’s agreement requires VVS to conduct recurring waste characterizations (also known as waste audits) to assess the quantity and types of materials found in the different waste streams collected. Waste characterizations are designed to assess SB 1383 contamination levels of single-stream recycling and organics routes, identify additional diversion opportunities, and to assess the impact of the City’s or the hauler’s educational outreach efforts.
The City’s diversion tonnage is calculated from the results of the quarterly characterizations. In other cities, including Lake Forest, Tustin, Mission Viejo, and Laguna Niguel, EcoNomics has audited its client cities’ waste characterization studies to assess the degree in which the haulers characterization methodology complies with the methodology set forth in the contract. These audits of hauler waste characterizations have allowed EcoNomics to identify non-recyclable contaminants and trace them back to specific generators and different parts of the City in an effort to provide targeted educational outreach. Fieldwork may be needed to true up diversion tonnage when apparent program results do not seem to match reported diversion results. It is also likely that targeted “spot” audits will be required to resolve organics (restaurant) contamination issues.
EcoNomics is proposing to observe VVS conduct 1-3 waste characterizations per year for each year of the contract. EcoNomics is proposing to observe the two streams in waste characterizations for each sector on an annual basis as conducted by the hauler. The result of these observations will be a summary report back to the City confirming VVS is adhering to the protocols set forth in the agreement; a report on observed contaminants in the waste stream; and an analysis of the waste characterization results to compare them against the contamination caps set forth in SB 1383.
TASK B5. CONDUCT RATE INCREASE REVIEWS AND ASSIST WITH OTHER REQUESTS PURSUANT
TO THE AGREEMENT
As part of the RFP process, EcoNomics developed the rate adjustment methodology that will be used in future years to implement inflation-based escalations. To this end, EcoNomics is well positioned to conduct the analyses for each annual rate adjustment using the methodology developed as part of the agreement.
The following process is used to confirm the annual rate adjustment is calculated in accordance with the contractual methodology:
1. Query Bureau of Labor Statistics database to obtain the appropriate index information.
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2. Confirm landfill and processing cost component adjustments reflects actual changes in gate fees.
3. Utilize the base rates established by prior rate adjustment.
4. Utilize protocol contained in the contract to calculate the rate adjustment.
5. Perform QA/QC to confirm rounding protocols and calculations are correct.
6. Coordinate with the hauler to correct/resolve any departures from the methodology described in the agreement and its attachments
7. Assist with preparation of Prop 218 notifications, as needed EcoNomics has conducted numerous rate reviews for client cities including Rancho Mirage, Mission Viejo, Santa Ana, Lake Forest, Tustin, Laguna Hills, Laguna Niguel, and San Juan Capistrano.
In addition, EcoNomics will assist the City in other requests pursuant to the City’s new agreement with VVS.
TASK B6. PERFORM CONTAINER AUDITS
Upon completion of the SB 1383 container roll-out, EcoNomics will audit the hauler’s containers to confirm that inventories in the field cross-check with those on hauler’s commercial and estate residential listings; to assess the condition of the hauler’s containers and note if graffiti is present; to confirm that contractually required markings are included on the bins; to assess the overall condition of the bins; to assess the prevalence of rust; to confirm lids are closed to prevent water pollution; to determine the working order of casters; and to assess overall aesthetics of the bins. Additionally, when in the field, EcoNomics will audit the containers on a spot-basis for program implementation and technical assistance.
TASK C. PROVIDE TECHNICAL RECYCLING ASSISTANCE TO COMMERCIAL, RESIDENTIAL,
AND MULTI-FAMILY PROPERTIES TO MAINTAIN AND DEVELOP RECYCLING PROGRAMS TASK C1. COMMERCIAL TECHNICAL ASSISTANCE.
The City’s new two-stream system includes a black container for trash and recyclables and a green container for organic materials, i.e., yard trimmings and food scraps. All commercial customers in San Marino will be required to have a black container. However, many commercial customers will be eligible for an SB 1383 waiver as the business generates a de minimis amount of food waste and does not generate yard trimmings and/or it contracts with a landscaper who hauls away the yard trimmings.
Valley Vista Services is currently assisting commercial customers in San Marino with evaluating the commercial customers’ needs related to the type of service needed, the size of container(s) needed, and the frequency of service needed. Along with the service needs, VVS is providing public education to the customer regarding SB 1383 requirements.
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If selected, EcoNomics will work closely with both VVS and the City to ensure the commercial account programs are implemented according to the process outlined in the new contract. Particular attention will be paid to restaurants as these commercial customers will be required to have both a black container for trash/recycling and an organics container, while most other commercial customers will only need a black trash/recycling container. EcoNomics will create a tracker to monitor VVS’ progress and conduct at least monthly check-ins to determine status for accounts deemed fully implemented, EcoNomics will conduct quarterly commercial account site visits in 2026 to monitor progress and annually thereafter unless specific commercial account monitoring is required. These site visits will consist of: 1) ensuring all containers are present and adequate service is available to the business; 2) monitoring service levels and contamination in containers; 3) checking signage and updating as needed; 4) providing additional education and outreach to businesses; and 5) provide employee training, as needed.
If a business needs additional assistance, EcoNomics will work with VVS to provide services such as:
• Assist with black and green container selection and frequency of service • Provide a proposal to adjust service levels
• Order additional/modified service
• Provide education in the form of signage, brochures, meetings with the business owner and/or manager outreach, staff training, and other suitable activities • Assistance in identifying recyclable materials
• Develop training materials and train business employees on program implementation
• Follow up on contamination incidents
• Follow up on complaints
For the commercial accounts that are not yet “fully implemented”, EcoNomics will continue to work with VVS to ensure compliance. If any business refuses service and is referred to the City, EcoNomics will work with the City to issue a Notice of Violation and provide on the ground assistance to bring the account into compliance.
EcoNomics can provide direct technical assistance to SB 1383 generators to ensure program use and compliance. Continuous monitoring of accounts in the City will help to increase diversion and reduce contamination.
As the City’s commercial accounts become fully compliant with SB 1383 through implementation of the required programs, the focus will turn to increasing participation and reducing contamination in all sectors, which may also include enforcement as discussed above in Task A3. EcoNomics will continue to provide assistance to the commercial sector through public education and outreach concentrating this effort on increasing participation and reducing contamination, as well as provide technical PAGE 111 of 704
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assistance to commercial accounts to achieve additional participation and reductions in contamination.
The data gathered from the waste characterizations will be used to strategize and determine the type of outreach, education and technical assistance is needed in order to address participation and contamination issues. If after commercial businesses receive additional outreach, education and technical assistance, there are still issues that warrant enforcement, EcoNomics will assist the City with the enforcement process as discussed in Task A3. This includes notification letters, which may ultimately result in fines.
In addition to providing technical assistance to specific businesses, EcoNomics will also provide technical recycling assistance to various groups as directed by the City.
If a multi-family property becomes operational within San Marino during the next three years, EcoNomics will provide the same technical assistance as described above.
TASK C2. RESIDENTIAL TECHNICAL ASSISTANCE.
In the City’s new contract, Valley Vista Services provides single-family residential and estate residential customers with two stream waste and recycling collection services. VVS’ personnel provided and continue to provide outreach to residents on the recycling programs and special programs, as well as technical assistance as needed. VVS did a City Hall ‘residency’ at the start of the new contract in order to sign up customers and explain the new services, especially to residential customers. VVS continued outreach through various town hall meetings to explain the new two stream system and the new cart service levels.
To date, VVS has completed the estate residential outreach and service enrollment for the bundled two stream system in which most estate residential customers receive either a black or green bin and a black or green cart for the bundled service. The single-family residential sector is scheduled to receive the new carts in January.
EcoNomics will assist residents by providing additional outreach to residents through the Town Halls, social media, etc. In addition, EcoNomics will provide technical assistance to residents in relation to the recycling programs, container selection, and identifying recyclable materials, as needed.
EcoNomics will provide assistance to the residential sector through public education and outreach concentrating this effort on increasing participation and reducing contamination, as well as provide technical assistance to residents as needed to achieve additional participation and reductions in contamination. As the City is aware, although the assistance and public education and outreach provided to the single-family residential and estate residential sectors will be similar, there will also be differences. The assistance and messaging regarding ‘what goes where’ and contamination are similar, however the choices for service differ for the single-family and estate residential customers.
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The data from the waste characterizations will be used to strategize and determine the type of outreach, education and technical assistance is needed in order to address participation and contamination issues. If after residents receive additional outreach, education and technical assistance, there are still issues that warrant enforcement, EcoNomics will assist the City with the enforcement process as discussed in Section 1.3.
This includes notification letters, which may ultimately result in fines.
In addition to providing technical assistance to specific residential customers, EcoNomics will also provide technical recycling assistance to various groups as directed by the City.
TASK D. ATTEND PROGRESS MEETINGS AND PREPARE MONTHLY PROGRESS REPORTS EcoNomics will attend a monthly meeting with City staff to discuss the status of tasks in progress, issues encountered, etc. EcoNomics shall prepare a written summary of monthly tasks for submittal to accompany monthly invoices.
EcoNomics has historically held monthly progress meetings with the City. These meetings serve the following purposes: 1) address VVS specific issues and concerns; 2) review oversight of VVS’s commercial, single-family residential and estate residential programs, waste evaluations, etc.; 3) discuss status of additional SB 1383 requirements outside the scope of the agreement, including edible food recovery, procurement, record keeping, and CalReycle reporting. After each meeting, EcoNomics will send a progress update with deliverables and timelines.
EcoNomics recommends also continuing the progress meetings held with both the City and VVS. EcoNomics currently prepares and facilitates recurring hauler meetings with the City.
There are several levels of project status tracking required for this program. These meetings serve the following purposes: 1) establish the status of VVS’ transition within the City related to the single-family residential, estate residential and commercial sectors; 2) provide an update on the status of the truck ordering and delivery; 3) establish where the City is with respect to satisfying each of its overall SB 1383 program requirements; 4) provide a monthly tracking of individual numbers of businesses with commercial programs and SB 1383 compliance, and tonnage diverted; 5) provide an update on critical contract deliverables and the work effort completed and in progress; and 6) provide a running month-to-month report that allows all the information to be understood and be seen in relationship to the City’s overall compliance.
EcoNomics runs efficient meetings with clear objectives that hold all parties involved accountable. Before a meeting, EcoNomics provides all attendees with an agenda to allow for adequate time to prepare for all agenda items.
TASK E. OTHER DUTIES AS ASSIGNED
EcoNomics will perform other duties as assigned by the City to support the successful implementation and administration of solid waste and recycling programs, compliance with PAGE 113 of 704
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State legislation, and administration of the City’s agreement with Valley Vista Services.
Such duties may include:
Update Attachments B and N to the City’s Agreement with Valley Vista Services.
EcoNomics prepared the City’s new SB 1383-aligned contract for the City’s Request for Proposals for Solid Waste and Recycling Services. The City received four proposals in response to its RFP. In order for the contract to fulfill the requirements of SB 1383, the contract included a three-stream collection system. The City received a proposal from Valley Vista Services which included a two-stream collection system as Valley Vista’s Optimal Collection System. For most jurisdictions, CalRecycle requires a three-stream collection system for SB 1383, however a jurisdiction may implement a two-stream collection system if the collected materials are brought to a CalRecycle designated High Diversion Organic Waste Processing Facility (HDOWPF). The City Council approved a twostream collection system with all collected materials from San Marino being transported to Valley Vista’s Grand Central Recycling and Transfer Station, a CalRecycle designated HDOWPF, for processing.
EcoNomics drafted Attachments B and N when drafting the contract. When drafting the contract and issuing the RFP, it was not envisioned that a proposal would be received and approved for two-stream collection and processing. Therefore, Attachment B (Scope of Work), Attachment N (Characterizations of Divertible Materials and MSW) and other attachments to the contract need to be updated to include a two-stream collection system.
The City amended EcoNomics’ consulting contract in June of 2025 to extend the term through December 2025. This amendment also updated EcoNomics’ scope of work to include the update to Attachments B and N. However, between June and November 2025, EcoNomics prioritized completing the tasks that had deadlines, including the preparation of the annotated agenda and attendance at the City’s CalRecycle annual conference call, update of the City’s Implementation Record in preparation for the City’s CalRecycle annual conference call, assistance with the transition to the new hauler and the new contract, and the City’s Proposition 218 process. The City’s Proposition 218 process was a much more involved and intensive process than originally envisioned, and therefore the task for the Proposition 218 process took more staff time and budget than anticipated. For all the above reasons, the effort, and associated budget, to update Attachments B and N were deferred in order to prioritize accomplishing tasks that had pressing deadlines.
As part of this task, if selected, EcoNomics will update Attachments B and N to include the parameters and requirements for Valley Vista’s implementation of a two-stream collection system in San Marino through the use of the City-directed change in scope provisions in the agreement.
CalRecycle JACE Compliance Review.
CalRecycle has indicated that all jurisdictions will receive a JACE (Jurisdiction and Agency Compliance and Enforcement) review by December 31, 2026. As of November 14, 2025, JACE's compliance review has not yet been scheduled for the City of San Marino.
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EcoNomics estimates full assistance with the CalRecycle JACE compliance review will cost approximately $40,000 and last approximately six months. This amount has been allocated across the Years 1 and 2 budgets. The proposed budget for JACE Compliance Review assistance assumes full-service assistance with the compliance review in Years 1 and 2.
We have allocated approximately $20,000 of budget in this task during the first contract year assuming the City is selected by JACE for a compliance review between December 2025 and June 2026. With a larger initial budget of $150,000 over a shorter period (December 2025 – June 2026) in Year 1, we are confident that we will have adequate budget to assist the City with the initial half of the tasks associated with the JACE compliance review in addition to the other tasks requested by the City in the RFP. However, to stay within the budget of $75,000 in Year 2 while also providing the level of support requested by the City in the RFP, we have allocated the remaining half of the budget for the JACE compliance review ($20,000) as an optional task the City may activate, as needed.
As noted, EcoNomics is open to exploring ways to mitigate costs by using hauler team members wherever applicable.
The following steps will be taken by EcoNomics for the JACE Compliance Review:
1. Coordinate and Attend Pre-Meetings and Field Site Visit. Prepare for and attend preparation meetings with City and hauler. Prepare for and attend initial meetings with JACE. Assist in preparation and coordination with City and hauler to provide field site visit information for CalRecycle (i.e., routing information, commercial edible food generators listing, City facilities). Communicate with CalRecycle in preparation for visit.
2. Shadow JACE during field site visits to document any areas of non-compliance found for City to address.
3. Prepare Written Responses. Prepare response to JACE letter and other written communications to CalRecycle before the compliance review.
4. Coordinate Debrief and Next Steps. Compile field site visit notes of non-compliance for City follow-up and outline plan(s) to achieve compliance in areas noted during JACE field site visit.
5. Respond to Preliminary Findings Report and Notice of Violation (If Applicable).
Review CalRecycle preliminary findings report to City. Prepare for and meet with City to review report and outline next steps. Draft response to preliminary findings report including compliance solutions and timelines. Coordinate and meet with City and hauler to address any areas of non-compliance and determine communications for resolving any issues. Assist City in preparing Compliance Strategy Report in response to issuance of Notice of Violation (if applicable).
OPTIONAL TASK - SB 54 Compliance.
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requirements for single-use packaging and plastic food service ware, to be implemented through an extended producer responsibility (EPR) framework. EcoNomics can assist the City in evaluating how SB 54 may impact the City’s hauler agreement and recycling programs and help identify mechanisms—either through existing terms or amended agreements—to ensure compliance while protecting ratepayers. Our team can also collect and analyze data to inform the City’s understanding of program implications under SB 54.
Assistance with SB 54 compliance may include but is not limited to, some items included below are not included in the enclosed budget. Upon City request, if the City wishes to engage EcoNomics in this capacity, we can submit a separate proposal. • Tracking of progress on this legislation and regular updates to City staff on progress and or updates as needed
• Tracking of funding provided by Producers
• Recommendations to amend the agreements to allow for SB 54 compliance as applicable
• Development of language to educate the public on the significance and implications of this legislation
• Draft ordinances to improve jurisdictional compliance • Deliverables could include fact sheets, regulatory reviews, council briefings and regular review of jurisdictional compliance
OPTIONAL TASK - SB 1383 Training and Two Stream System.
EcoNomics can assist the City in developing training films for single-family residential, estate residential and/or commercial customers to describe SB 1383 requirements and depict the City’s new two stream system with Valley Vista Services. The video would be similar to the Rancho Mirage video; however, it would include the two-stream system. The task would include filming San Marino-specific shots and content. With the use of the new footage and existing City footage, EcoNomics staff as well as a third-party videographer, the following tasks would be completed to create the training films:
1. Develop organics recycling training video with San Marino-specific content. a. Identify key concepts to highlight, including acceptable materials and nonacceptable materials, how to use kitchen pails, how to use external receptacles for single-family residential, estate residential and commercial customers, how to manage odors, how to line the internal receptacles, how to roll the container out to the curb or place in external receptacles, what happens to the materials after collection, the sustainability benefits of the program, state and local requirements mandating the program, who to call if you need a different sized container or a new kitchen pail, and where to go for more information. b. Develop script to include key concepts described above.
2. Produce video
a. Film at multiple locations, including a residential kitchen setting, a single-family residential area showing the City’s new carts and trucks, an estate residential PAGE 116 of 704
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area showing the bundled bin and cart, and a commercial enclosure showing trash/recycling and organics dumpsters.
b. Provide actor(s) to narrate and to provide voice-over for film. c. Include collection of ‘B-roll’ footage of the community and of collection vehicles servicing containers.
3. Edit video
a. Includes 5 days of editing each video to develop consistent and seamless production, to incorporate voice-over and B-roll footage, and to develop graphics to aid in the conveyance of key concepts.
4. Edit Social Media clips from the final video product a. Edit (3) 15-30 second social media video clips to post on the City’s social media and website.
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SECTION 2: FINANCIAL INFORMATION
SECTION 2.1. FINANCIAL STATEMENTS
As an established consultancy with over 50 years of operations, EcoNomics is in sound financial condition and has no conditions such as bankruptcy, litigation, office closures, mergers to report that may impede our ability to provide the services outlined in the City’s scope of work. EcoNomics is prepared to make financial statements, and/or bank references, available upon request by the City.
SECTION 2.2. PRIOR LITIGATION / CLAIMS
There has been no litigation or adverse judgment against EcoNomics, Inc. in the past 5 years (or ever). EcoNomics, nor any of its’ team members, has not failed to complete any work awarded in the past 5 years (or ever).
SECTION 2.3. LETTER FROM INSURANCE BROKER
EcoNomics’ letter from its insurance broker was uploaded into the City’s OpenGov portal.
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SECTION 3: RESPONSE FORMS
SECTION 3.1. ACCEPTANCE OF FORM OF PSA
In submitting this proposal to the City of San Marino, EcoNomics hereby agrees to sign Professional Services Agreement substantially similar to the form of Professional Services Agreement attached to the RFP and does not have any modifications. We have also accepted the PSA using the online OpenGov form.
SECTION 3.2. PROPOSAL AUTHORIZATION
EcoNomics confirms the following (we have also accepted the following using the online OpenGov form):
The Respondent is a Respondent to the Request for Qualifications / Request for Proposals of City for Solid Waste and Recycling Consulting Services (“RFQ/RFP”) and possesses the legal authority to submit this Proposal.
The Respondent is authorized to conduct all negotiations for and legally bind the respondent in all matters relating to this proposal submittal.
The Respondent has reviewed, understands, is able to comply with and agrees to be bound by the General Conditions Governing this RFP.
The Respondent grants City a right to conduct reference checks and reasonable investigation of all information provided by Respondent.
The Respondent certifies that this Proposal is irrevocable until 120 days after its submission date.
Respondent confirms that they have read and can satisfy all insurance requirements specified in this RFQ/RFP.
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EcoNomics, Inc. | Page 44
Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
SECTION 4: DISCRETIONARY SUPPLEMENTAL
MATERIALS
4.1. EXPLANATION OF RELEVANCY OF DISCRETIONARY
SUPPLEMENTARY MATERIALS
EcoNomics is not submitting any discretionary supplementary material with this proposal.
4.2. DISCRETIONARY MATERIALS
N/A
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EcoNomics, Inc. | Page 45
Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
SECTION 5: PRICING PROPOSAL
Per the RFP instructions, the Pricing Proposal has been uploaded to the City’s OpenGov platform as a separate file.
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LICENSE AND SERVICES AGREEMENT
This LICENSE AND SERVICES AGREEMENT (this “Agreement”) is entered into and effective as of December 11, 2025 (the “Effective Date”), by and between Terra Compliance Co, LLC (“Terra”), and City of San Marino (“Client” and, together with Terra, the “Parties” and each a “Party”).
WHEREAS, Terra has created the Terra application which enables waste compliance tracking services;
WHEREAS, Client desires to digitally track waste compliance data with the assistance of Terra; NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. Provision of Services.
(a) Services and Deliverables. Terra shall provide the software services and deliverables as specified in Exhibit A (“Services”) for the purpose of providing software to track compliance with SB 1383 Regulations. The Services shall be delivered in accordance with applicable industry standards and consistent with the specifications mutually agreed upon. (b) Cooperation with Client. Contractor shall cooperate with Terra and Terra staff in the performance of all work hereunder.
(c) Access to the Services. Terra shall make available the Services to Client, during the term specified in Exhibit A solely for use by Client and its Users (as defined below) for Client’s internal business purposes and in accordance with the terms and conditions of this Agreement. (d) Usage Data. Terra may collect and use metrics, analytics, statistics, or other data related to Client’s use of the Services (a) to provide the Services for the benefit of Client and (b) for its internal business purposes, including, without limitation to analyze, maintain, support, market and improve the Services.
(e) Excused Obligations. Terra will be excused from any failure or delay in performing any of its obligations under this Agreement and there shall be an equitable adjustment in any time permitted for Services performance if such failure is related to or caused by (i) Client not performing any of its obligations under this Agreement; (ii) any breach of this Agreement by Client; (iii) violation of law or any third party right by Client or any User; (iv) any matter constituting a Force Majeure event; or (v) any act or omission of a third party that affects Terra’s ability to perform the Services. Terra will use commercially reasonable efforts to inform Client and propose workarounds to address Services issues created by any of the matters listed in this Section 1(e). Notwithstanding that Terra may be impeded from the provision of a Services as result of circumstances set out in this Section 1(e), Terra will be entitled to continue to invoice (and Client shall continue to pay) the such invoices.
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(f) Staffing. Terra reserves the right to determine which personnel will be assigned to perform the Services and to replace or reassign such personnel at any time during the Term. (g) Terra Subcontractors. Terra may subcontract all or any part of the Services to third parties of its choice without obtaining Client’s consent. Any reference in this Agreement to Client granting a right to, or conferring a benefit upon, Terra in order to facilitate the provision of the Services will be deemed to include subcontractors unless the context indicates otherwise. (h) Third-Party Services. Terra may make available to Client certain SaaS services offered by third parties (“Third Party Services”), the use of which in each case may be subject to: (a) the payment of additional fees by Client to the third party; and (b) Client’s acceptance of the terms and conditions and privacy policies that govern the provision of the Third Party Service. The third-party provider will be solely responsible for fulfilling any order that Client places for Third-Party Service and for: (a) the quality, content, and availability of such Third-Party Service; and (b) any claims that Client may wish to bring in relation to any Third-Party Service. For the avoidance of doubt, Terra shall not be responsible for the delivery or performance of any Third-Party Service.
2. Client Use of the Services.
(a) Accounts. Client may provision accounts to access the Services (“Accounts”) for its employees, contractors, and other users (including its Affiliates’ employees or contractors) specified in an Order Form for the purposes authorized hereunder (collectively, “Users”). Client shall be responsible for (i) administering Accounts; (ii) using industry standard security measures to protect Accounts (including, without limitation, using multi-factor authentication); and (iii) any activity on Accounts and the monitoring of such activity on Accounts (only to the extent that such monitoring does not violate any other term of this Agreement or applicable law). Client shall immediately de-activate any Account upon termination of a User’s employment or engagement with Client or upon becoming aware of the compromise or unauthorized use thereof (and in such case promptly notify Terra of such compromise or unauthorized use). (b) Restrictions on Use. Client will not (and will not allow any affiliate or third party to): (a) gain or attempt to gain unauthorized access to the SaaS or Terra’s file computing systems, databases, servers, websites, applications or networked environment or domain (collectively the “Terra Systems”), or any element thereof, or circumvent or interfere with any authentication or security measures of the SaaS or Terra Systems; (b) interfere with or disrupt the integrity or performance of the SaaS or Terra Systems; (c) access or attempt to gain access to another customer’s data; (d) adversely impact the ability of other customers to use the SaaS; (e) transmit material containing software viruses or other harmful or malicious computer code, files, scripts, agents, or programs through the SaaS; (f) decompile, disassemble, scan, reverse engineer, or attempt to discover any source code or underlying ideas or algorithms of the Services (except to the extent that applicable law expressly prohibits such a reverse engineering restriction, and in such case only upon prior written notice to Terra); (g) provide, lease, lend, use for timesharing or service bureau purposes, or otherwise use or allow others to use the Services for the benefit of any third party; (h) use the Services for any purpose that is not expressly permitted by this Agreement; (i) perform penetration tests on the Services unless expressly authorized by Terra in writing; (j) use, evaluate, or view the Services for the purpose of designing, modifying, or otherwise creating any environment, software, models, algorithms, products, program, or infrastructure or any portion thereof, which performs functions similar to the functions of the Services; (k) remove, obscure, or PAGE 123 of 704
alter, or otherwise violate the terms of any copyright notice, trademarks, logos, and trade names and any other notices (including third party open source or similar licenses) or identifications that appear on or in the Services; (l) use the Services to engage in or advance any fraud or misrepresentation; or (m) use or access the Service for the purposes of engaging in or supporting spamming activities or communications, or marketing activities or communications in violation of the Controlling the Assault of Non-Solicited Pornography and Marketing Act (15 U.S.C. § 7701 et seq.), the Telephone Consumer Protection Act (47 U.S.C. § 227), and all other applicable laws prohibiting spam or otherwise governing transmission of marketing materials and/or communications.
3. Compensation and Payments. As compensation for the Services, Client shall pay Terra the fees set forth in Exhibit A. Services performed on a fixed-fee basis (including Software as a Service) shall be compensated at the rates indicated in Exhibit A. Any additional consulting or development services requested by Client outside the scope of Exhibit A shall be billed at Terra’s standard hourly rate of $300 per hour, unless otherwise agreed in writing by the Parties.
Fees shall be invoiced annually in advance and payable within thirty (30) days of invoice. Any late payments shall be subject to a service charge equal to the lesser of 1.5% per month of the amount due or the maximum amount of interest allowed by applicable law. If Client fails to pay any undisputed fees within thirty (30) days of the invoice due date, Terra may, upon written notice, suspend access to the Services until payment is received. If Client believes an invoice contains an error, Client must notify Terra in writing within thirty (30) days of the invoice date, specifying the nature of the dispute. Terra will review the notice and respond with a written decision and supporting documentation. If the invoice is determined to be accurate, Client shall pay any remaining balance within ten (10) days of receiving Terra’s decision.
4. Intellectual Property Rights.
(a) Client Data. Client retains all rights, title, and interest in and to any data, records, or content provided to Terra or entered into the system in connection with the Services (“Client Data”). Terra may access, process, and use Client Data solely for the purpose of delivering the Services under this Agreement. Any reports, summaries, or other documents generated by Client through the Terra software platform that are based on or derived from Client Data (“Platform Output”) shall be deemed Client Data for purposes of this Agreement. Notwithstanding the foregoing, Terra retains all rights in and to any software, templates, methods, or formatting used to generate such output. (b) Terra Platform and IP. Terra retains all rights, title, and interest in and to the Terra software platform, application, underlying technology, and any associated materials or documentation, including any intellectual property rights therein. Nothing in this Agreement transfers or grants Client any ownership interest in Terra’s software or intellectual property. Terra grants Client a non-exclusive, non-transferable license to use the platform during the Term for internal business purposes only.
5. Representations, Warranties, and Covenants.
(a) Standard of Care. Terra represents that it has the professional ability, experience, and training to perform the Services described in this Agreement. Terra agrees that all Services will be performed in accordance with generally accepted industry standards and applicable federal, state, and local laws. Acceptance of Services by Client shall not constitute a waiver or release of Terra’s obligations under this Section.
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(b) Change in Contact Information. Terra shall notify Client at least thirty (30) days in advance of any changes to its designated contact personnel or business address, or within seven (7) days if the change occurs without Terra’s initiation.
(c) Status as Independent Contractor. Terra shall perform its obligations under this Agreement as an independent contractor. Nothing in this Agreement shall be construed to create an employer-employee relationship between Client and Terra or its personnel. Terra shall be solely responsible for the acts and omissions of its employees, subcontractors, and agents. (d) Taxes.Terra shall be solely responsible for all federal, state, and local taxes arising from amounts paid to it under this Agreement, including but not limited to income taxes and employment-related taxes. Terra shall indemnify and hold Client harmless for any liability arising from Terra’s failure to comply with applicable tax obligations. (e) Conflict of Interest. Terra affirms that it currently has no interest, and shall not acquire any interest, that would create a financial or organizational conflict of interest in performing Services under this Agreement.
(f) Nondiscrimination. Terra shall comply with all applicable federal, state, and local laws prohibiting discrimination in employment or the provision of services, including but not limited to discrimination based on race, color, national origin, religion, sex, gender identity, sexual orientation, marital status, disability, age, or medical condition.
6. Terms of Use; Privacy and Data Protection. The Parties will comply with the terms of use and privacy and data protection provisions set forth in Exhibit B.
7. Demand for Assurance. If either Party has reasonable grounds to believe the other may not fulfill a material obligation under this Agreement, it may request written assurance of due performance. Until such assurance is received, the requesting Party may suspend performance if commercially reasonable.
If no such assurance is provided within thirty (30) days, the requesting Party may terminate this Agreement.
8. Assignment and Delegation. Neither Party may assign, delegate, or transfer its rights or obligations under this Agreement without the prior written consent of the other Party, except that Terra may use subcontractors for infrastructure, support, or technical services in delivering the Services.
9. Term. This Agreement shall remain in effect for a period of two (2) years from the Effective Date, unless terminated earlier as provided herein.
10. Termination.
(a) Termination Without Cause. Client may terminate this Agreement, in whole or in part, at any time and for any reason, by providing thirty (30) days’ prior written notice to Terra. Upon receipt of such notice, Terra shall take all reasonable steps to wind down Services in an orderly manner and shall deliver all work completed through the effective date of termination within 14 days following the date of termination. Terra shall submit a final invoice for Services performed, and Client shall pay for all undisputed fees incurred up to the termination date. (b) Termination for Cause. Either Party may terminate this Agreement for material breach if the breaching Party fails to cure such breach within thirty (30) days after receiving written notice PAGE 125 of 704
describing the nature of the breach in reasonable detail. In the case of such termination, the non-breaching Party shall have no further obligation under this Agreement, except for the payment of any fees due for Services properly rendered prior to the termination date. Upon receipt of termination, Terra shall take all reasonable steps to wind down Services in an orderly manner and shall deliver all work completed through the effective date of termination within 14 days following the date of termination.
11. Indemnification.
(a) Indemnification by Terra. Terra shall be responsible for any loss, cost, damage, claim, liability, or expense (including reasonable attorneys’ fees) arising out of or related to (i) the performance of this Agreement by Terra, its officers, employees, agents, or subcontractors; (ii) any negligent or wrongful acts or omissions by Terra or its personnel in connection with the Services; or (iii) any claim that the Terra platform or software infringes a third party’s U.S. patent, copyright, trademark, or misappropriates a third party’s trade secret. Terra shall defend, indemnify, and hold harmless Client, its officers, employees, and agents from and against any such claims, liabilities, and expenses, provided that Client notifies Terra promptly in writing and cooperates in the defense. Terra may not settle any claim without Client’s prior written consent if such settlement imposes injunctive or other non-monetary obligations on Client or admits liability on behalf of Client.
(b) Indemnification by Client. Client shall indemnify, defend, and hold harmless Terra from and against any third-party claim arising from (i) Client’s misuse of the Services in violation of this Agreement; (ii) Client’s breach of any representations or obligations under this Agreement; or (iii) any personal injury or property damage caused by the negligence or willful misconduct of Client or its personnel.
(c) Duty to Defend. If there is a potential obligation to indemnify under this Section, Terra’s duty to defend shall arise immediately upon written notice from Client and shall apply regardless of whether liability is ultimately established. Legal counsel retained to defend the claim must be reasonably acceptable to Client.
(d) Limitation. This indemnification obligation shall not apply to the extent any claim is caused by the sole negligence or willful misconduct of Client.
12. Insurance. Terra shall maintain insurance coverage as set forth below during the term of this Agreement and shall ensure that its subcontractors do the same. (a) Workers’ Compensation. Terra shall maintain Workers’ Compensation insurance as required by the Labor Code of the State of California and shall ensure the same for any employees or subcontractors.
(b) General Liability. Terra shall maintain Commercial General Liability insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence, including coverage for bodily injury, personal injury, and property damage. The policy shall name the Client, its officers, employees, and agents as additional insureds and shall be primary and non-contributory with respect to any self-insurance maintained by the Client.
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(c) Professional Liability/Technology Errors & Omissions. Terra shall maintain Professional Liability insurance, including coverage for technology services and cybersecurity breaches, in an amount not less than One Million Dollars ($1,000,000) per occurrence or claim. (d) Proof of Insurance. Prior to the commencement of Services, Terra shall provide Certificates of Insurance evidencing the required coverages and endorsements. Terra shall maintain current certificates on file with the Client throughout the term of this Agreement. Upon written request, Terra shall provide certified copies of policies.
(f) Notice of Cancellation. Each policy required under this section shall provide that it shall not be canceled or materially altered without at least thirty (30) days’ prior written notice to the Client. (g) Failure to Maintain Insurance. Terra’s failure to maintain required insurance may be considered a material breach of this Agreement. In such event, Client may, after providing written notice and a reasonable cure period, terminate this Agreement. Client shall not have the right to purchase replacement insurance on Terra’s behalf or deduct any premium costs unless mutually agreed in writing.
(h) Insurance and Indemnity Not Limiting. The indemnification obligations set forth in this Agreement are independent of and not limited by the insurance coverage requirements. However, nothing in this Agreement shall be construed to expand Terra’s liability beyond what is expressly stated herein.
13. Changes to Scope of Work. Any changes to the Services, including additional work or modifications to deliverables, timelines, or functionality, shall be set forth in a new or amended Statement of Work (“SOW”) and require written approval by both Parties. Each new or revised SOW shall include any applicable changes to scope, fees, and timeline. No such changes shall be effective unless agreed to in writing by authorized representatives of both Parties.
14. Limitation of Damages. Neither Party shall be liable to the other for any indirect, incidental, special, or consequential damages arising out of or relating to this Agreement, including lost profits, lost data, or business interruption, even if advised of the possibility of such damages. This limitation shall not apply to a Party’s indemnification obligations, data protection breaches, or damages resulting from gross negligence or willful misconduct.
15. Force Majeure. Neither Terra nor Client shall be responsible for any delay or failure in performance under this Agreement to the extent caused by an event beyond such Party’s reasonable control, including but not limited to fire, flood, earthquake, riot, explosion, strike, labor disputes, embargo, war, pandemic, acts of government, Internet or telecommunications failures, hosting service outages, cyberattacks, or other acts of God (each, a “Force Majeure Event”). The affected Party shall use commercially reasonable efforts to resume performance as soon as practicable.
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16. General Provisions.
(a) No Third-Party Beneficiaries. Nothing in this Agreement shall be construed to create or confer any rights in third parties.
(b) Independent Contractor. Terra is an independent contractor and not an agent or employee of Client. Terra shall have no authority to bind Client without prior written approval. (c) Notices. All notices shall be in writing and may be delivered by hand, email (with confirmation), U.S. Mail, or recognized courier. Notices shall be effective upon delivery. Notice addresses are listed below and may be updated by written notice:
Notices to Terra: Notices to Client:
Terra Compliance Co City of San Marino Public Works Department 6210 Elinore Ave 2200 Huntington Drive
Dunsmuir CA, 96025 San Marino, CA 91108
With an electronic copy to: With an electronic copy to:
[email protected] [email protected] Client mailing address for notices:
Terra Compliance Co
6210 Elinore Ave
Dunsmuir, CA 96025
(d) Assignment. Neither Party may assign or transfer any rights or obligations under this Agreement without the prior written consent of the other Party. (e) Publicity. Terra may identify Client as a customer and may display Client’s name and logo on Terra’s website and marketing materials, subject to Client’s branding guidelines or prior written approval.
(f) Severability. Any provision in this Agreement, which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions or affecting the validity or enforceability of such provision in any other jurisdiction. (g) Construction. This Agreement shall not be construed against either Party by reason of authorship. Each Party has had the opportunity to review this Agreement with counsel. (h) Governing Law. This Agreement shall become effective and shall be binding only upon acceptance by Terra and Client. The parties hereto agree that the provisions of this Agreement will be construed pursuant to the laws of the State of California. This Agreement has been entered into and is to be performed in the County of Kern. Accordingly, the parties consent that the venue of any action relating to this Agreement shall be in the County of Kern.
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(i) Entire Agreement. This Agreement, including all attached exhibits, contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior oral or written agreements, understandings, representations and communications. Each Party represents and acknowledges that neither the other Party nor any other Person has made any agreement, representation or inducement with respect to the subject matter hereof other than as set out expressly herein. Each Party agrees that, in entering into this Agreement, such Party is not relying upon any agreement, representation or inducement that is not set out expressly herein.
(j) Waiver and Amendments. No waiver, amendment, alteration or modification of any provision of this Agreement shall be effective unless authorized signatories of both Parties consent to it in writing. No failure or delay by either Party in exercising any rights, powers, or remedies under this Agreement shall operate as a waiver of any such right, power, or remedy. (k) Consent Not to Be Unreasonably Withheld. Where this Agreement requires a Party’s consent or approval, such consent or approval shall not be unreasonably withheld or delayed. (l) Time of Essence. Time is of the essence in the performance of this Agreement and all obligations herein.
IN WITNESS WHEREOF, each Party has executed this Agreement as of the day and year first above written.
Terra Compliance Co, LLC
By: _________________ By: __________________________
Emily Lee Chairman, Board of Supervisors
Date: __11/05/2025________ Date: __12/10/25__________
APPROVED AND RECOMMENDED: APPROVED AS TO CONTENT:
City of San Marino Public Works Dept. County Administrative Office Information Technology Services
By: __________________________ By:___________________________ [] []
Date: __________ Date: __________
APPROVED AS TO FORM:
Office of County Counsel
By: __________________________
[]
Date: __________
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EXHIBIT A
SERVICES AND COMPENSATION:
As compensation for the Services, Client shall pay Terra the fees set forth in this Exhibit A. Services performed on a fixed-fee basis (including Software as a Service) shall be compensated at the rates indicated below. Any additional consulting or development services requested by Client outside the scope of this Agreement shall be billed at Terra’s standard hourly rate of $300 per hour, unless otherwise agreed in writing by the Parties and will be scoped in separate SOWs.
Software as a Service Services:
● Onboarding and Set-up | complimentary
● Data Uploads| complimentary
● Five Year Access to Terra Application | $15,000 annually Optional a la carte add ons
● Optional Data Audit | $ a la carte depending on issues ● Print Mailing | $ a la carte depending on issues
● These will only happen with a contract amendment
Ongoing Development Services:
● API Setup | complimentary but upon discussion and partner feasibility ● Custom Reports | to be scoped in separate SOW
● Additional Users | complimentary
● Other Specialized Enhancements | to be scoped in separate SOW Consulting Services:
Specific Consulting Services shall be set forth in separate Statements of Work to be agreed upon and signed by both Parties.
● Initial Set-up | complimentary
● Ongoing Support | complimentary
● Custom Projects | to be scoped in separate SOW
● Outside of Scope Hourly Services | $300/hour
TERM:
Five years from the Effective Date.
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EXHIBIT B
TERMS OF USE AND PRIVACY POLICY
Terra’s Terms of Use
Effective Date: August 7, 2025
Last Updated: August 7, 2025
Introduction
These Terms of Use (“Terms”) are incorporated into and form part of the License and Services Agreement (the “Agreement”) entered into between Terra Compliance Co., LLC (“Terra”) and the Client identified in the Agreement (also referred to herein as “Customer”). These Terms govern access to and use of the Terra Platform (as defined below) by Customer and Customer's employees, contractors, and other users who are authorized by Customer to access and use the Terra Platform under the rights granted to Customer under the Agreement (collectively, “Authorized Users”).
By accessing or using the Terra Platform, Customer agrees to comply with these Terms. The individual accepting these Terms on Customer’s behalf represents and warrants that they have the authority to bind Customer. If said individual does not have such authority, or if Customer does not agree with these Terms, access or use to the Terra Platform is not permitted.
Capitalized terms have the definitions set forth herein. The parties agree as follows:
Nature of Service
Terra provides a proprietary software-as-a-service (SaaS) platform designed for compliance management, specifically focused on regulatory requirements such as SB 1383. The platform facilitates data management, reporting workflows, and other tools to help customers manage their compliance obligations. For purposes of these Terms, the “Terra Platform” means Terra’s proprietary SaaS platform and related tools, including its websites, mobile applications, reporting functions, templates, dashboards, and associated documentation, as made available to Customer under the Agreement. Terra does not verify the accuracy of the data inputted by users, nor does it assume responsibility for the submission of final reports to regulatory authorities. The Terra Platform is provided as a tool to assist in compliance management and does not constitute legal or regulatory advice. All organizational configurations, including access permissions and user roles, are managed solely by the Customer.
Finite Scope of Access and Use
Subject to the Agreement, including any applicable license granted therein, Customer and its Authorized Users may access and use the Terra Platform solely for Customer’s internal business purposes and solely in accordance with these Terms. Terra’s platform is intended solely for compliance management related to regulatory frameworks like SB 1383.
Use Restrictions
Any access or use of the Terra Platform beyond the scope authorized under the Agreement or these Terms is prohibited. Terra reserves the right to suspend or terminate accounts found to be in violation of these Terms, with no liability for refund or damages.
Unauthorized use, including but not limited to personal, commercial, or any other use outside of the defined business purpose, is prohibited. Customer and its Authorized Users shall not and shall not permit any other person to:
● Allow any individual except for Customer and any of its Authorized Users to access the Terra Platform,
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● Share access credentials any individuals who are is not an Authorized User. ● Access or use the Terra Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, including by any unauthorized access to, misappropriation, use, alteration, destruction, or disclosure of the data of any other Terra customer, or that violates any applicable statute, law, ordinance, regulation, rule, or other requirement of any federal, state, local, or foreign government, or any arbitrator, court, or tribunal or competent jurisdiction
● Disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the operation of the Terra Platform, in whole or in part ● Remove, delete, alter, or obscure any trademarks, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Terra Platform
● Attempt to gain unauthorized access to any part of the Terra Platform, or to Terra’s systems or networks
● Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Terra Platform, in whole or in part ● Input, upload, transmit, or otherwise provide to or through the Terra Platform, any information or materials that are unlawful or injurious, or contain, transmit, or activate any virus, worm, malware, or other malicious computer code ● Manipulate or analyze data beyond the Terra Platform’s intended purpose ● Otherwise access or use the Terra Platform beyond the scope of the authorization granted under the Agreement
Your Account
Customer is responsible for maintaining the confidentiality of Customer’s account and password and for all activities that occur under Customer’s account.
Permissions
The Terra Platform contains customizable settings allowing each user to give permission to other users to perform various tasks within the Terra Platform (“Permissions”). It is solely Customer’s responsibility to set and manage all Permissions, including which Authorized Users can set such Permissions.
Accordingly, Terra will have no responsibility for managing Permissions and no liability for the Permissions set by Customer and its Authorized Users.
Payment Obligations
Payment obligations are governed by the Agreement.
Contact Us
For any questions or concerns regarding these Terms, please contact us at [email protected].
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Terra’s Privacy Policy
Effective Date: August 7, 2025
Last Updated: August 7, 2025
Introduction
This Privacy Policy emphasizes the commitment of Terra Compliance Co., LLC (“Terra”) to safeguarding the privacy of Terra users. It governs the collection, use, and sharing of personal and non-personal information on Terra’s platforms, including our website and mobile application in the future.
Collection of Personal Information
Terra collects personal information to enhance our offering, including:
● User-Provided Information: First and last name, email, phone number, and other details provided during account registration or service use.
● Automatically Collected Information: IP address, browser type, access times, and referring website addresses to improve service quality and user experience.
Profile or Contact Data - Examples of Personal Data We Collect ● First and last name
● Email
● Unique identifiers such as passwords
Categories of Third Parties With Whom We Share this Personal Data ● Service Providers
● Parties You Authorize, Access or Authenticate
Payment Data - Examples of Personal/Organizational Data We Collect ● Payment card type
● Last 4 digits of payment card
● Billing address, phone number, and email
Categories of Third Parties With Whom We Share this Personal Data ● Service Providers (specifically our payment processing partner) Device/IP Data - Examples of Personal Data We Collect
● IP address
● Device ID
● Domain server
● Type of device/operating system/browser used to access the Services Categories of Third Parties With Whom We Share this Personal Data ● Service Providers
● Parties You Authorize, Access or Authenticate
Web Analytics - Examples of Personal Data We Collect
● Web page interactions
● Referring webpage/source through which you accessed the Services ● Non-identifiable request IDs
● Statistics associated with the interaction between device or browser and the Services Categories of Third Parties With Whom We Share this Personal Data ● Service Providers
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● Parties You Authorize, Access or Authenticate
Terra uses collected information to:
● Operate our website and app, delivering the services you request. ● Optionally communicate with you about Terra services and updates.
State Law Privacy Rights: California Resident Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at [email protected].
Security of Personal Information
Terra implements security measures to protect against unauthorized access or data breaches, including SSL encryption for data transmission and user roles and permissions.
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Terra Compliance
Prepared for
City of San Marino
September 29, 2025
Points of Contact
Emily Lee CEO, Co-Founder
[email protected] (314) 973-8052
Ethan Holtzclaw COO, Co-Founder
[email protected] (925) 323-6959
Peter Holtzclaw Director, Business Development
[email protected] (209) 612-2257
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QUOTE FOR SERVICES COST (YEARLY)
Core Subscription $15,000 $20,000
Includes all core features for compliance management, reporting, and outreach for one year, with option to renew based on mutual agreement. These can be paid annually, or full contract cost in one upfront payment if San Marino needs to use grant money.
1-Year: $15,000
3-year: $55,000 ($15,000/$20,000/$20,000)
5-year: $75,000 ($15,000 per year for 5 years)
Residential Data Included
Tracking of residential generators (single-family homes, MFDs with <5 units, and Type estate).
Customer Onboarding Included
Covers data migration from Recyclist, generator setup, and initial user onboarding at no extra cost.
Ongoing Data Uploads Included
No-cost unlimited uploads for service-level data. Monthly is recommended.
Training & Support Included
In-app, email, phone support available as needed along with regular touch points following onboarding.
Unlimited User Logins Included
Unlimited users with custom permissions for secure access based on roles (e.g., Manager, Hauler, Admin).
Unlimited Custom Permissions & Roles Included
Unlimited custom permissions for secure access based on roles (e.g., Manager, Hauler, Admin).
In-App Outreach Functions Included
Email from within the app using customized templates, track physical mail, site visits, training, email into Implementation Record Optional Print Mailing Usage, At Cost
Use our HIPAA & SOC II Compliant mailing partner with single-click print mail to handle bulk mail outreach without leaving the app.
SCOPE OF DATA this Quote Includes
Jurisdictions 1
City of San Marino
County 0
N/ A
Haulers 1 Franchised
V alley Vista Services
Other Self Haul if needed
Generator Types 3
Commercial, MFD, Residential, Estate
Additional types upon request for no additional cost
Quote & Scope 1
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Implementation Approach
The onboarding timeline below follows our established Legacy System-to-Terra migration framework, previously implemented with other jurisdictions and teams. This migration works with legacy software systems and other Sharepoint/internal systems. The roll-out includes formal checkpoints with San Marino staff, City’s consultant staff, and Valley Vista Services staff. As metioned, our product and team is flexible to suit your needs and rollout plan as you transition. Loosely, we’ve defined the most immediate priorities as Services and Compliance metrics, Outreach and Education, and Procurement with others to follow.
Phase Timeline
1 Discovery & Kickoff
We work with you to customize Terra, conducted concurrently with Step 2 Week 0-1
2 Data Preparation
Import hauler services data and historical Activities data Week 1
3 Accounts Invited
City of San Marino, VVS, City’s consultant staff teams given access with roles and permissions configured Week 2
4 Transition Readiness Period
City of San Marino signs off on configuration
Week 2-3
5 Go Live
City of San Marino fully operational in Terra
Week 3
6 Training & Support
Formal training and checkpoints begin Week 3, 4, on
7 Additional Module Rollout
Based on requirements and evolving needs Week 3 and on
Onboarding & Implementation Approach 2
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TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Hillary Guirola-Leon, Finance Director
DATE: December 10, 2025
SUBJECT: APPROVAL OF AMENDMENT NO. 2 TO THE AGREEMENT
WITH EIDE BAILLY, LLP TO INCREASE NOT-TO- EXCEED
AMOUNT TO $90,000 AND EXTEND THE CONTRACT TERM
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Fiscally Responsible and Transparent City Government
BACKGROUND/DISCUSSION
In August 2025, the City’s Accounting Manager/Controller position became vacant. To minimize disruption to critical financial operations, the City entered into a professional services agreement with Eide Bailly LLP in the amount of $20,000. On October 31, 2025, Council approved Amendment No. 1 to increase the not-to-exceed amount to $50,000. Since then, Eide Bailly has assisted with year-end closing in preparation for the annual audit, bank reconciliations, and journal entries.
As the City continues to actively recruit for this vacancy, and the City's continued need for accounting assistance, staff recommends amending the agreement with Eide Bailly LLP to increase the not-to-exceed amount to $90,000 and extend the contract term to April 30, 2026. This adjustment would provide funding for continued support through the end of the calendar year, including assistance with bank reconciliations, journal entries, and other accounting tasks.
As Finance Department staff, in collaboration with staff from other departments begin work on several large initiatives, the continued operational assistance from Eide Bailly will be important until the Accounting Gretchen Shepherd Romey, Mayor
Tony Chou, Vice Mayor
Hunter Chang, Council Member
John Chou, Council Member
Calvin Lo, Council Member
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Manager/Controller position is filled. These initiatives include the start of the City’s 2026-27 Fiscal Year Budget Process, preparation of the City’s 2025-26 Mid-Year Financial Review, work surrounding the City Council’s direction regarding a 1% Transaction and Use Tax, and preparation for the renewal of the City’s expiring Utility Users Tax.
FISCAL IMPACT & PROCUREMENT REVIEW
The contract will be funded through Account #101-11-4150-0000. There is no budget amendment necessary, since the department will absorb this amount in the FY 2025-26 adopted budget.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends the Council approve amendment No. 2 to the agreement with Eide Bailly, LLP.
If the City Council concurs with staff’s recommendation an appropriate motion would be:
”I move to approve Amendment No. 2 to the agreement with Eide Bailly, LLP and authorize the City Manager to execute the amendment.”
ATTACHMENTS
1. Eide Bailly LLP Agreement Signed
2. Draft Amendment No. 2
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4902-3163-6339 v1
First Second Amendment to Professional Services Agreement This Second First Amendment to Professional Services Agreement (“First Second Amendment”) is dated and effective as of December 10, 2025 October 31, 2025 and amends that certain Professional Services Agreement (“Agreement”) dated August 19, 2025 and First Amendment to Professional Services Agreement dated October 31, 2025 by and between Eide Bailly LLP (“Consultant”) a California limited liability partnership, and the City of San Marino (“City”), a California municipal corporation, (collectively, “the Parties”).
Section 1. The term of the Agreement is hereby extended to and through January April 30, 2026 unless sonnersooner terminated as provided in Section 5.0 of the Agreement.
Section 2. The total not to exceed amount set forth in Section 3.0 of the Agreement is hereby increased from $20,000 to a total of $50,00090,000.
Section 3. Except as otherwise provided herein, all other provisions of the Agreement are and remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this First Amendment to be effective as of October 31, 2025December 10, 2025.
CITY OF SAN MARINO CONSULTANT
By: _____________________ By:____________________________ Gretchen Shepherd Romey (sign)
Mayor
Name: _________________________
Attest: (print)
Title:__________________________
(print)
By:________________________
City Clerk
By:__________________________
(sign)
Approved as to Form:
Name:________________________
(print)
By:_____________________ Title:_________________________ Joseph Montes (print)
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4902-3163-6339 v1
City Attorney
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TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Eddie Covarrubias, Interim Community Services Director DATE: December 10, 2025
SUBJECT: APPROVAL OF AN INCREASE OF $17,500 TO PURCHASE ORDER NUMBER 1210 WITH INGRAM CONTENT GROUP
FOR BOOKS TO MAINTAIN THE LIBRARY’S COLLECTION
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Fiscally Responsible and Transparent City Government
Inviting and Relevant City Facilities
BACKGROUND
On July 1, 2025, the City implemented a new Purchase Order (PO) requirement for any purchases greater than or equal to $20,000. This PO process was put in place as an additional control measure to ensure staff are getting proper authorization for contracts, and that we stay within the approved contract amount.
One vendor that was flagged as a result of this new process is the Library’s book vendor, Ingram Content Group (Ingram). Based on the approved FY 2025-26 budget, the Library could spend up to $73,779 with Ingram.
However, the Library does complete smaller orders with other vendors (that do not meet the PO or Request for Proposal threshold). To give a more realistic spending number, last year’s total purchasing with Ingram was around $55,000.
DISCUSSION
Staff were informed in August that a Request for Proposal (RFP) would need to be completed since the Library may spend more than $30,000 a year with Gretchen Shepherd Romey, Mayor
Tony Chou, Vice Mayor
Hunter Chang, Council Member
John Chou, Council Member
Calvin Lo, Council Member
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Ingram. A PO was issued for $28,000 to allow the Library to procure books to maintain the collection in the meantime.
Staff began working on the scope of the RFP, but ultimately wanted to wait for the new Library Manager to be hired and onboarded to let them review and weigh in on the scope of this project. Library Manager Watts was brought onto the team on October 20, 2025, and has since helped develop the RFP and get it finalized. The RFP was posted on November 20, 2025, and will close on December 12. The contract for the winning bidder will go before the City Council on January 30, 2026.
Today, staff are seeking approval to increase the existing PO above $30,000 to allow for the Library to continue to maintain the collection until the award of the contract in January. Based on orders placed to date and orders expected to be placed through January, staff are requesting that PO #1210 with Ingram be increased by $17,500 to $45,500.
FISCAL IMPACT & PROCUREMENT REVIEW
The payments to this vendor are budgeted for and will be paid out of various General Ledger Account #’s:101-91-4370-0335, 281-91-4370-0000, 281-91- 4370-2575, 101-92-4370-0000, 281-92-4370-0000, 281-92-4370-2575.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends the Council approve of an increase of $17,500 to Purchase Order Number 1210 with Ingram Content Group for books to maintain the Library’s collection. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve of an increase of $17,500 to Purchase Order Number 1210 with Ingram Content Group for books to maintain the Library’s collection.” PAGE 173 of 704
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Eddie Covarrubias, Interim Community Services Director DATE: December 10, 2025
SUBJECT: APPROVAL OF AMENDMENT #1 TO COMMUNITY
SERVICES GUIDE PRODUCTION AGREEMENT WITH THE
SAUCE CREATIVE SERVICES CORP TO INCLUDE POSTAGE
COSTS
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Engaged and Connected Residents
Fiscally Responsible and Transparent City Government
BACKGROUND
The Community Services Department produces a quarterly 24-page publication called the Community Services Guide. The publication plays an important role in promoting and informing the community about upcoming programs and events from both the Library and Recreation Divisions.
After completion of a competitive bidding process, The Sauce Creative Services Corp (The Sauce) was awarded a three-year contract to design and print the Guide at the September 10, 2025, City Council meeting.
DISCUSSION
In the RFP, staff requested that vendors do not submit pricing for postage, as that is a non-variable cost regardless of which vendor was selected.
For the last three years, The Sauce has been paying for postage and then including the postage cost in the invoice each quarter. Thus, the postage cost needs to be laid out in the contract. Today, staff are seeking approval of Amendment #1 to the Professional Services Agreement with The Sauce Gretchen Shepherd Romey, Mayor
Tony Chou, Vice Mayor
Hunter Chang, Council Member
John Chou, Council Member
Calvin Lo, Council Member
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Creative Services Corp to include postage costs for each of the four issues for all three years of the contract.
The postage cost consists of the true cost of postage as well as a 5% service fee. The service fee covers their cost of managing and maintaining a permit with the United States Postal Service. For reference, the postage cost for the Fall 2025 Guide was $1,043.31, and staff expect similar costs moving forward.
It should be noted that the postage cost does vary each quarter depending on postage rates and the number of residential addresses in San Marino.
FISCAL IMPACT & PROCUREMENT REVIEW
The FY 2025-26 budget includes funds to cover the postage costs in General Ledger Account #101-59-4412-0000 (Postage).
The Finance Director has reviewed this report and determined the procurement is in accordance with S.M.C.C. 02.06.05.B.2.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends the City Council approve Amendment #1 to Community Services Guide Production Agreement with The Sauce Creative Services Corp to include postage costs. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve Amendment #1 to Community Services Guide Production Agreement with The Sauce Creative Services Corp to include postage costs, with the City Manager being authorized to execute the amendment on behalf of the City.”
ATTACHMENTS
1. Professional Services Agreement
2. Amendment #1 to Professional Services Agreement
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