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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. -3-
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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. -4-
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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.
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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.
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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 -12-
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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
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 EcoNomics, Inc. | Page 22
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 EcoNomics, Inc. | Page 24
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 EcoNomics, Inc. | Page 25
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 EcoNomics, Inc. | Page 26
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.
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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 EcoNomics, Inc. | Page 28
Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
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
• Analysis of AB 2346 impacts on City’s procurement system EcoNomics, Inc. | Page 29
Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
• 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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Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
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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Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
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 EcoNomics, Inc. | Page 32
Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
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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Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
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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Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
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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Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
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 EcoNomics, Inc. | Page 36
Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
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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Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
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 EcoNomics, Inc. | Page 38
Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
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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Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
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.
EcoNomics is prepared to support the City in navigating new recycling-related legislation, including Senate Bill (SB) 54—the Plastic Pollution Prevention and Packaging Producer Responsibility Act. This landmark legislation establishes minimum recycled content EcoNomics, Inc. | Page 40
Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
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 EcoNomics, Inc. | Page 41
Proposal: Solid Waste and Recycling Consulting Services City of San Marino Request for Proposals
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.
-16-
Revised-7.2025
Exhibit B
Cost
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.
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)
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)
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: