CITY COUNCIL MEETING AGENDA
TUESDAY JUNE 10, 2025 7:00 PM
SAN DIMAS COUNCIL CHAMBER
245 EAST BONITA AVENUE
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7:00 PM
CITY COUNCIL
Mayor Emmett Badar, Mayor Pro Tem Eric Nakano, Councilmember Rachel Bratakos, Councilmember Ryan A. Vienna, Councilmember Eric Weber
CALL TO ORDER AND FLAG SALUTE
REPORT ON ACTION TAKEN DURING CLOSED SESSION
PRESENTATION
1. San Dimas Chamber of Commerce Annual Report
2. Recognize San Dimas Community Emergency Respone Team (CERT)
3. Coyote Management Plan Update – Verbal
ORAL COMMUNICATIONS
(Members of the audience are invited to address the City Council on any item on this agenda or not on this agenda. Public comment will not be taken during each individual agenda item, except for public hearing items. Comments on public hearing items will be heard when that item is scheduled for discussion. Under the provisions of the Brown Act, the legislative body is prohibited from engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. Each speaker will be limited to speaking once for up to (3) three minutes.)
CONSENT CALENDAR
(All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council requests separate discussion.) CC1. Adopt Resolution 202531, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the PrePaid Warrant Register of May 31, 2025 in the amount of $1,398,237.78 and the Warrant Register of June 16, 2025 in the amount of $443,843.34.
CC2ApprovetheMinutesoftheMay272025CityCouncilStudySessionandMay272025City
discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. Each speaker will be limited to speaking once for up to (3) three minutes.)
CONSENT CALENDAR
(All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council requests separate discussion.) CC1. Adopt Resolution 202531, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the PrePaid Warrant Register of May 31, 2025 in the amount of $1,398,237.78 and the Warrant Register of June 16, 2025 in the amount of $443,843.34.
CC2. Approve the Minutes of the May 27, 2025 City Council Study Session and May 27, 2025 City Council Meeting
CC3. Adopt a Resolution Approving a Memorandum of Understanding with International Brotherhood Teamsters, Local 986 for Represented Employees for Fiscal Years 202528.
Adopt Resolutions Approving Pay Ranges and Supplemental Benefits for the Unrepresented Executive Employees and Unrepresented Confidential Employees for Fiscal Years 202528.
Adopt a Resolution Approving a Citywide Compensation Plan for Fiscal Year 202526 CC4. Adopt Resolution 202536, Authorizing Submission and Adoption of a 202526 List of Projects Funded by Senate Bill 1, Road Maintenance and Rehabilitation Act of 2017 CC5. Approve a Contract Extension for Maintenance Contract No. 201805 Annual Concrete Maintenance Contract for Two Additional Years with Grigolla & Sons Construction Co. for an Amount not to exceed $600,000 ($300,000 per year).
CC6. Approve a Contract Extension for Maintenance Contract No. 201701 Street Sweeping Services for Two Additional Years with Sweeping Corp of America in the Amount of $237,888.59.
CC7. Approve a Vendor Services Agreement with the San Dimas Chamber of Commerce to Provide Economic and Business Support Activities in an Amount not to Exceed $20,000 CC8. Approve a Professional Service Agreement with Daus Technologies, Inc., doing business as Computer Village, for Information Technology (IT) Managed Services in an Amount not to Exceed $120,779 for 3 Years
CC9. Adopt Ordinance 1324, Approving Municipal Code Text Amendment 2411, A Request to Amend the City of San Dimas Municipal Code Title 18 As Necessary to Eliminate The Development Plan Review Board
CC10. Summary Report of Maintenance Services Provided for Open Space Maintenance District No. 1(Tract No. 32818, Boulevard Development)
CC11. Approve a Budget Appropriation of $70,851.50 to Account 01.4414.033 to Complete Repairs to the Via Verde Park Playground
CC12. Adopt Ordinance 1325, Updating the Fire Hazard Severity Zone (FHSZ) pursuant to Government Code Section 51178 and the California Fire Code END OF CONSENT CALENDAR
RECOMMENDATION: Approve consent calendar with recommendations as presented in staff reports.
OTHER BUSINESS
CC11. Approve a Budget Appropriation of $70,851.50 to Account 01.4414.033 to Complete Repairs to the Via Verde Park Playground
CC12. Adopt Ordinance 1325, Updating the Fire Hazard Severity Zone (FHSZ) pursuant to Government Code Section 51178 and the California Fire Code END OF CONSENT CALENDAR
RECOMMENDATION: Approve consent calendar with recommendations as presented in staff reports.
OTHER BUSINESS
OB1. Discussion of Suitable Locations for Pickleball Courts.
RECOMMENDATION:
Staff recommends the City Council:
Receive the report and provide direction as appropriate.
OB2. Introduce Ordinance 1327 Amending the San Dimas Municipal Code, Chapter 10.06 Designating Speed Limits on Certain Streets in the City of San Dimas RECOMMENDATION:
Staff recommends that the City Council:
Read by title and Introduce Ordinance 1327 to reestablish speed limits OB3. Approve a Second Amendment Authorizing a ThreeYear Extension to the Amended and Restated Agreement for Solid Waste Management Services with USA Waste of California, Inc.
RECOMMENDATION:
Staff recommends that the City Council approve:
The Second Amendment to the Amended and Restated Agreement for Solid Waste Management Services, originally executed on October 3, 2017, with USA Waste of California, Inc., a Delaware corporation doing business as Waste Management of San Gabriel/Pomona Valley, to extend the agreement for an additional three years, in a form approved by the City Attorney.
PUBLIC HEARING ITEMS
PH1. Introduce Ordinance 1328 Approving Municipal Code Text Amendment 2501, Amending Title 18Chapter 18.40 Affordable Housing Overlay Zone, to Modify the Boundary Lines of Affordable Housing Overly Zone No. 2 (AHO2).
RECOMMENDATION:
Staff and the Planning Commission recommend the City Council:
Introduce Ordinance 1328 approving Municipal Code Text Amendment 2501, a request to amend Title 18 of the San Dimas Municipal Zoning Code – Chapter 1840 Affordable Housing Overlay Zone, to modify the boundary lines of Affordable Housing Overlay Zone 2.
ORAL COMMUNICATIONS
(Members of the Audience (Speakers are limited to (3) minutes or as may be determined by the Chair.) CITY REPORTS
RECOMMENDATION:
Staff and the Planning Commission recommend the City Council:
Introduce Ordinance 1328 approving Municipal Code Text Amendment 2501, a request to amend Title 18 of the San Dimas Municipal Zoning Code – Chapter 1840 Affordable Housing Overlay Zone, to modify the boundary lines of Affordable Housing Overlay Zone 2.
ORAL COMMUNICATIONS
(Members of the Audience (Speakers are limited to (3) minutes or as may be determined by the Chair.) CITY REPORTS
CR1. City Manager
CR2. City Attorney
CR3. Members of the City Council
Councilmembers’ Report on Meetings Attended at the Expense of the Local Agency (Pursuant to AB 1234 – G.C. §53232.3(d)
City Council Requests for Future Items, Comments and Updates
ADJOURNMENT
Notice Regarding Americans with Disabilities Act: In compliance with the ADA, if you need assistance to participate in a city meeting, please contact the City Clerk's Office at (909) 3946216. Early notification before the meeting you wish to attend will make it possible for the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.10235.104 ADA Title II].
Copies of documents distributed for the meeting are available in alternative formats upon request. Any writings or documents provided to the City Council regarding any item on this agenda will be made available for public review Monday through Thursday 7:30 a.m. to 5:30 p.m. and on Fridays from 7:30 a.m. to 4:30 p.m. at the Administration Department and San Dimas Library. In addition, most documents are posted on the City's website at www.sandimasca.gov.
Posting Statement: I declare under penalty of perjury that on June 6, 2025, I posted a true and correct copy of this agenda on the bulletin board in the Civic Center Plaza of City Hall at 245 E. Bonita Ave.,San Dimas Library 145 N. Walnut Ave., San Dimas Post Office 300 E. Bonita Ave., Von’s Via Verde Shopping Center 1160 Via Verde Ave., and on the City's website www.sandimasca.gov/agendasminutes/as required by law.
June 6, 2025
Debra Black
Debra Black, City Clerk
SAN DIMAS
CHAMBER OF COMMERCE
INTRODUCTION
CEO Silvia Melendez,
Board Chair Michael Wallace, &
Board Member & Ambassador Chair Rita McGee
AGENDA
Introduction
Mission Statement
Core Values
Partnerships
Ambassador Program
Proposed Compensation Increase MOU
Forecasting
Questions
MISSION STATEMENT
The Mission of the San Dimas Chamber of Commerce is to
foster and promote the growth of the business and professional community while enhancing the quality of life in San Dimas.
CORE VALUES
• Creating a Strong Local Economy
• Providing Networking Opportunities
• Promoting the Community
• Representing the Interests of Business with Government • Providing Marketing Opportunities and Business Tools for Success
PROGRAMS & PARTNERSHIPS
• Programs
• Partners
• VACE Partners
• Businesses
⚬ Ambassadors
AMBASSADOR PROGRAM
• Chamber’s Official Welcoming Delegation
• Member engagement, Retention, & Outreach
• Programs, Community Liaisons, & Connected Business Network • Extend the Chamber’s Reach, Continue the Chamber Mission, and Help Foster a Stronger Business Community
PROPOSED COMPENSATION INCREASE MOU
• Supporting Data & Operating Costs
• Increased Operating Costs
• Reason for 19% Increase in Compensation
⚬ Total Increase: $3,200
• Membership Cost Increase
• CPI – Consumer Price Index
• Year-to-Year CPI Comparison
FORECASTING
• Programs & Partners
• Ambassadors
• Forecasting
Facebook.com/sandimaschamber
Instagram.com/sandimaschamber
Linkedin.com/sandimaschamber
Twitter.com/sandimaschamber
CONNECT WITH THE CHAMBER!
SAN DIMAS CHAMBER OF COMMERCE
(909) 592-3818
246 E. Bonita Avenue • P.O. Box 175 • San Dimas, CA 91773 [email protected] • www.sandimaschamber.org
FOLLOW US ON SOCIAL MEDIA:
VISIT
OUR
WEBSITE:
Thank you! Questions?
Mayor
Certificate of Recognition
Honoring
San Dimas CERT Team
For exemplary service to the City of San Dimas in their efforts in the field of emergency preparedness and receiving the CESA-SC Silver Award.
CITY OF SAN DIMAS
City Council Regular Meeting
June 10, 2025
Coyote Management Plan Update & Resources
CITY OF SAN DIMAS
Background
• October 22, 2019 – The City Council adopted a Coyote Management Plan • Provides guidance for dealing with coyotes in the City • Multi-focused approach consisting of:
– Education
– Enforcement
– A Safety Response Plan
• Guided by the following principles:
– Human safety is a priority in managing human-coyote interactions. – Coyotes serve an important role in San Gabriel Valley's ecosystems by helping to control rodent populations.
– Preventative practices are crucial to minimizing potential interactions and encounters with coyotes. – Solutions for coyote conflicts must address both problematic coyote behaviors and the human behaviors that invite them.
– Regionwide programs that involve residents can improve coexistence among humans, coyotes, and pets.
CITY OF SAN DIMAS
Safety Response Plan
CITY OF SAN DIMAS
Coyote Reporting
CITY OF SAN DIMAS
Response
CITY OF SAN DIMAS
Resources
• Dedicated "Coyote Information" webpage on the City's website with the following:
– Coyote Management Plan
– Coyote Reporting
– FAQs
– Email address to report sightings and/or encounters: [email protected] – Coyote Hotline: (909) 542-2501
– Cacher site link to report encounters: http://geodata.ucanr.edu/coyoteCacher/form/ – Coyote Encounters by Zip Code: http://ucanr.edu/site/coyote-cacher/coyote-encounterszip-code – Sign up for encounter alerts by Zip Code: http://ucanr.edu/site/coyote-cacher
CITY OF SAN DIMAS
Questions?
RESOLUTION 2025-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, APPROVING CERTAIN DEMANDS FOR MAY 31 AND JUNE 16, 2025 WHEREAS, the following listed demands have been audited by the Director of Administrative Services; and
WHEREAS, the Director of Administration Services has certified as to the availability of funds for payment thereto; and
WHEREAS, the register of audited demands has been submitted to the City Council for approval.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas does hereby approve the Pre-Paid Warrant Register of May 31, 2025, in the amount of $1,398,237.78 and the Warrant Register of June 16, 2025, in the amount of $443,843.34.
PASSED, APPROVED AND ADOPTED this 10th, day of June 2025. _____________________________
Emmett G. Badar, Mayor
ATTEST:
_________________________________
Debra Black, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )§
CITY OF SAN DIMAS )
I, DEBRA BLACK, CITY CLERK of the City of San Dimas, California, do hereby certify that the foregoing is a full, true and correct copy of Resolution 2025-31. It was duly adopted and passed at a regular meeting of the San Dimas City Council on the 10th, day of June, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Debra Black, City Clerk
CITY COUNCIL MEETING
ACTION MINUTES
MAY 27, 2025, 6:00 PM
STUDY SESSION
Council Members Present: Mayor Emmett Badar, Mayor Pro Tem Eric Nakano, Councilmember Rachel Bratakos, Councilmember Ryan A. Vienna, Councilmember Eric Weber Staff: City Manager Brad McKinney, Assistant City Manager Travis Sais, Director of Public Works Shari Garwick, Director of Administrative Services Michael O’Brien, Director of Community Development Luis Torrico, Director of Parks and Recreation Scott Wasserman, City Attorney Jeff Malawy, City Clerk Debra Black, Management Aide Genevieve Amaro Call to Order: 6:04 P.M.
STUDY SESSION ITEMS COMMENTS/RECOMMENDATIONS
1. Discussion of Parking Management
Program and Proposed Plan for Parking
Restrictions in the Downtown Business
Area/Municipal Parking Lots and Public
Streets in Residential Areas within 1,500
feet of the Gold Line/A Line Station and
Parking Lot.
The San Dimas City Council discussed a
proposed parking management plan due to
the upcoming Gold Line station. The plan
includes four-hour parking restrictions from 6
AM to noon, with employee parking
designated in specific areas. Businesses
expressed concerns about the impact on their
operations, particularly for those with longterm clients. The city plans to use license plate recognition (LPR) technology for
enforcement. The proposal also includes a
$30 annual employee permit and a $250
super permit for additional needs. The council
agreed to continue the discussion to address
residential parking and other concerns,
acknowledging the need for a balanced
solution to avoid negative impacts on
businesses and residents.
Key points include:
1. The parking management plan needs more
review, especially regarding residential
parking concerns.
2. Councilmembers suggested simplifying the
employee parking permit system.
Approve the Minutes of the May 27, 2025 City Council Study Session and May 27, 2025 City Council Meeting Page 2
For the Meeting of June 10, 2025
3. Explore more details about residential
parking, overnight parking, and potential
impacts on the community.
4. The council wants to hear more input from
businesses and residents before making a
final decision.
The meeting essentially ended with a motion
to continue the discussion at a later date to
allow for more comprehensive review and
input.
Adjourned: 6:59 P.M.
I, Debra Black, City Clerk attest that these draft minutes are accurate and reflective of the actions taken by the City Council.
________________________________
Debra Black, City Clerk
CITY COUNCIL MEETING
ACTION MINUTES
MAY 27, 2025, 7:00 PM
REGULAR MEETING
Council Members Present: Mayor Emmett Badar, Mayor Pro Tem Eric Nakano, Councilmember Rachel Bratakos, Councilmember Ryan A. Vienna, Councilmember Eric Weber Staff: City Manager Brad McKinney, Assistant City Manager Travis Sais, Director of Public Works Shari Garwick, Director of Administrative Services Michael O’Brien, Director of Community Development Luis Torrico, Director of Parks and Recreation Scott Wasserman, City Attorney Jeff Malawy, City Clerk Debra Black, Planning Manager Marco Espinoza, Yasmin Dabbous Assistant Planner, Associate Engineer Brandon Slater, Sr. Management Analyst Anissa Livas Call to Order: 7:07 P.M.
CONSENT ITEMS COMMENTS/RECOMMENDATIONS
1. Adopt Resolution 2025-23, Approving
Certain Demands for the Warrant
Register of May 30, 2025, in the amount
of $265,550.44.
2. Approve Minutes of the May 13, 2025,
City Council Meeting
3. Receive and File the April 2025
Investment Report
4. Approve Resolution 2025-24,
Establishing the 2025-26 Appropriations
Limit Calculation
5. Adopt Ordinance 1323, Establishing
Chapter 5.120 – Film Permit
Requirements
6. Adopt Ordinance 1324 to Approve
Municipal Code Text Amendment 24-11,
A Request to Amend the City of San
Dimas Municipal Code as Necessary to
Eliminate the Development Plan Review
Board.
7. Approve Resolution 2025-30, Authorizing
an Amendment to the Memorandum of
Agreement with the San Gabriel Valley
Council of Governments for Public Safety
Funds
8. Award of Construction Contract 2025-02
City Hall Pitched Roof Replacement to
MOTION: Motion/seconded by
Councilmember Weber/Councilmember
Vienna approve the consent calendar. Motion
carried 5-0.
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
WC Construction Services in an Amount
not to Exceed $485,329.24 for the
Necessary Repairs and Reroofing of the
East and West Pitched Roofs. Approve
an Overall Project Budget of $510,329.24
to Include Construction and Engineering,
and a 10% Contingency.
9. Renewal of Traffic Engineering Services
for a Two-year Term for Fiscal Year
2025-26 and Fiscal Year 2026-27 with
AGA Engineers Inc. in an Amount not to
Exceed $160,000
10. Approve a Letter to the San Gabriel
Valley Legislative Caucus Requesting
Support for the San Gabriel Valley
Mosquito and Vector Control District’s
Pursuit of State Funding to Address
Public Health Risks Following the 2025
Eaton Fire.
HOUSING AUTHORITY COMMENTS/RECOMMENDATIONS
1. Award Construction Contact 2025-05
Charter Oak Mobile Home Estates North
Property Wall to Bedrock Group, Inc. in
the Amount of $1,038,040.00. Authorize a
Total Project Budget of $1,318,040 and
Approve Related Budget Amendments.
MOTION: Motion/seconded by
Councilmember Vienna/Councilmember
Bratakos approve the recommendation
provided by staff. Motion carried 5-0.
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
PUBLIC HEARING ITEMS COMMENTS/RECOMMENDATIONS
1. Introduce Ordinance 1326, Consideration
of a City-initiated Municipal Code Text
Amendment of Title 18, Chapter 18.162
Tree Preservation Ordinance to Exempt
Single-family Zoned Properties and
Single-family Properties within a Specific
Plan, with the Exception of Areas Owned
or Managed by Homeowner’s
Associations (HOA), and Areas Located
within Certain Open Space, Scenic/Slope
Easements and Conservation Areas, and
Associated Clean-up Item.
Speaker #1 Via Verde resident expressed
concern with overgrowth of trees in her area.
Council direction:
1. Continue the public hearing
2. Schedule a study session to further
discuss the tree preservation ordinance
3. Request a presentation from the fire
department about the Zone Zero initiative
before the study session
4. Have staff prepare a detailed table
comparing current and proposed regulations
for single-family homeowners and HOA
properties
5. Explore the Planning Commission's
recommendations, including potential
protections for front yard trees and specific
tree species
2. Presentation of Compliance with
Assembly Bill 2561/Government Code
Section 3502.3 - Staff Vacancies and the
City’s Recruitment and Retention Efforts
to Comply with New Legal Obligations
No public comments were provided on this
item.
MOTION: Motion/seconded by
Councilmember Weber/Councilmember
Vienna to receive and file. Motion carried 5-0.
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
3. Adopt Resolution 2025-25 Setting the
City-Wide Landscape Parcel Tax for
Fiscal Year 2025-2026
No public comments were provided on this
item.
MOTION: Motion/seconded by
Councilmember Vienna/Councilmember
Bratakos to approve Resolution 2025-25,
Option 1 with increase. Motion carried 5-0.
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
4. Adopt Resolution 2025-27 Confirming the
Assessment for Open Space
Maintenance District No. 1 (Tract 32818,
Boulevard)
Speaker #1 expressed concern with safety
and tree maintenance on this district.
Speaker #2 Kathy Began expressed concern
with tree maintenance on the east side of Via
Verde Ave.
Councilmember Vienna requested and it was
supported by Mayor Pro Tem Nakano a
report of service dates in this district.
MOTION: Motion/seconded by
Councilmember Bratakos/Councilmember
Vienna approve the Resolution 2025-27,
Option 1 with increase. Motion carried 5-0.
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
5. Adopt Resolution 2025-29 Confirming
Assessment for Open Space
Maintenance District No. 1, Annexation
No. 3 (Tract 32841, Northwoods)
No public comments were provided on this
item.
Mayor Pro Tem Nakano requested that a
notice of expiration be provided to the
residents in this district when the City
required maintenance sunsets.
MOTION: Motion/seconded by
Councilmember Bratakos/Councilmember
Vienna to approve the Resolution 2025-29.
Motion carried 5-0.
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
Recessed: 9:13 p.m.
Reconvened: 9:23 p.m.
OTHER BUSINESS ITEMS COMMENTS/RECOMMENDATIONS
1. Discussion of the Potential Conversion of
Tennis Courts into Pickleball Courts at
Lone Hill Park and the San Dimas Sports
Plex.
First Motion:
Motion by Councilmember Vienna second by
Councilmember Bratakos to appropriate
funding and move forward with placing the
current appropriation towards the Sports Plex
location. Motion carried 5-0.
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
Second Motion:
Motion by Councilmember Vienna second by
Mayor Pro Tem Nakano to consider
appropriating funding and moving forward
with a second pickleball court at Lone Hill
Park. The motion failed with a vote of 2-3.
Yes: Bratakos, Nakano
No: Badar, Vienna, Weber
Absent: None
Abstain: None
Third Motion:
Motion by Councilmember Vienna second by
Councilmember Weber directing staff to bring
back a proposal for a second pickleball court,
evaluating site suitability and distances from
residents at all parks with tennis courts.
Motion carried 5-0.
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
2. Introduce Ordinance 1325, Updating the
Fire Hazard Severity Zones (FHSZ)
pursuant to Government Code Section
51178 and the California Fire Code
MOTION: Motion/seconded by
Councilmember Weber/Councilmember
Vienna to introduce Ordinance 1325. Motion
carried 5-0.
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None
Absent: None
Abstain: None
CITY REPORTS COMMENTS/RECOMMENDATIONS
a. City Manager City Manager McKinney announced LA
County Bonelli Park is currently closed for a
transformer replacement. The current time
frame for closure is 6-8 weeks.
b. City Attorney None.
c. Members of the City Council
Reports on Meetings Attended AB 1234
(G.C. §53232.3(d))
Councilmember Vienna, Councilmember
Bratakos, Councilmember Weber, Mayor Pro
Tem Nakano and Mayor attended the
California Contract Cities Conference.
CITY COUNCIL REQUESTS FOR
FUTURE ITEMS
COMMENTS/RECOMMENDATIONS
None.
CLOSED SESSION ITEMS COMMENTS/RECOMMENDATIONS
1. CONFERENCE WITH LABOR
NEGOTIATORS
Gov. Code section 54957.6
Agency designated representatives: Brad
McKinney, City Manager; Travis Sais,
Assistant City Manager; Michael O’Brien,
Director of Administrative Services,
Stephanie Luu, Human Resources
Manager; Jeff Malawy, City Attorney;
Colin Tanner, Labor Counsel.
Employee organization: International
Brotherhood of Teamsters, Local 911
Following the closed sessions, the City
Attorney made a public announcement as
follows: The City Council met and discussed
the closed session items listed on the
agenda. The City Council gave direction to
staff, but no reportable action was taken.
representing General, Professional, and
Managerial employees.
2. CONFERENCE WITH LABOR
NEGOTIATORS
Gov. Code section 54957.6
Agency designated representatives: Brad
McKinney, City Manager; Jeff Malawy,
City Attorney; Colin Tanner, Labor
Counsel.
Unrepresented employees: Executive
Group, and Confidential Group.
Adjourned: 11:20 P.M.
I, Debra Black, City Clerk attest that these draft minutes are accurate and reflective of the actions taken by the City Council.
________________________________
Debra Black, City Clerk
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of June 10, 2025
From: Michael O'Brien, Administrative Services Director Prepared by: Stephanie Luu, Human Resources Manager
Subject: Adopt a Resolution Approving a Memorandum of Understanding with International Brotherhood Teamsters, Local 986 for Represented Employees for Fiscal Years 2025-28. Adopt Resolutions Approving Pay Ranges and Supplemental Benefits for the Unrepresented Executive Employees and Unrepresented Confidential Employees for Fiscal Years 2025-28. Adopt a Resolution Approving a Citywide Compensation Plan for Fiscal Year 2025-26 ____________________________________________________________________________
SUMMARY
This item seeks approval of several key compensation and benefits resolutions impacting City of San Dimas employees for the upcoming fiscal years. It proposes adopting a resolution approving a new Memorandum of Understanding with the International Brotherhood of Teamsters, Local 986, covering represented employees for fiscal years 2025-28. Additionally, it proposes adopting resolutions to establish updated pay ranges and supplemental benefits for Unrepresented Executive Employees and Unrepresented Confidential Employees for fiscal years 2025-28. Lastly, it requests approval for adopting a resolution approving an updated Citywide Compensation Plan specifically for Fiscal Year 2025-26.
RECOMMENDATION
Staff recommends that the City Council:
1. Adopt Resolution 2025-32 Approving a Memorandum of Understanding between the City of San Dimas and International Brotherhood of Teamsters, Local 986 for Fiscal Years 2025-28.
2. Adopt Resolution 2025-33 Approving Pay Ranges and Supplemental Benefits for Unrepresented Executive Employees for Fiscal Years 2025-28.
3. Adopt Resolution 2025-34 Approving Pay Ranges and Supplemental Benefits for Unrepresented Confidential Employees for Fiscal Years 2025-28.
4. Adopt Resolution 2025-35 Approving a Citywide Compensation Plan for Fiscal Year 2025-26
Memorandum of Understanding with International Brotherhood Teamsters 986 to Provide for Compensation and Supplemental Benefits for Employees for Fiscal Years 2025–2028 and Fiscal Year 2025-2028 Citywide Compensation Program Page 2 For the Meeting of June 10, 2025
GOVERNMENT CODE §84308 APPLIES:
https://leginfo.legislature.ca.gov
No
FISCAL IMPACT
If approved, the proposed resolutions will result in an estimated total increased cost of $393,000 for Fiscal Year 2025-26. This breaks down to approximately $315,000 for the Union represented employees and $78,000 for Unrepresented Executive and Confidential Employees, which includes a cost-of-living adjustment for the City Manager pursuant to his employment agreement.
These costs will be incorporated into the Fiscal Year 2025-26 Budget.
For Fiscal Years 2026-27 and 2027-28, the fiscal impact will be dependent on the annual Consumer Price Index (CPI). For Fiscal Year 2026-27, the estimated additional cost is projected to be between $108,000 and $430,000. For Fiscal Year 2027-28, the additional fiscal impact is anticipated to range from $25,500 to $447,000. Adjustments to the operating budget for these future years will be presented to the Council during the annual budget adoption process.
BACKGROUND
The City of San Dimas (“City”) has an existing Memorandum of Understanding (“MOU”) with the International Brotherhood of Teamsters, Local 848 (“Union”) covering the period July 1, 2024, through June 30, 2025, approved by City Council on November 12, 2024, and ratified by City Council Resolution 2025-09 on February 11, 2025. The City and the Union subsequently entered into a First Amendment to the Teamsters, Local 848 MOU 2024-25 adopted by City Council through the same Resolution 2025-09 on February 11, 2025, which changed the identity to the Union Local from 848 to 911. The Union currently represents 61 Full-Time and 14 Regular PartTime Employees for a total of 75 employees across the following three separate units of employees: General Unit; Manager/Supervisor Unit; and Professional Unit.
During the past several months, staff has been engaged in the meet and confer process with the Union in an effort to negotiate a successor MOU. Based on the progress made to date, the City has been able to reach a tentative agreement with the Union on a successor MOU that covers a three-year period from July 1, 2025 through June 30, 2028. Additionally, staff proposes to provide the same compensation and supplemental benefits to the Unrepresented Executive Employees and the Unrepresented Confidential Employees (which includes Human Resources staff, Accounting Supervisors and a Senior Management Analyst who supports the City Manager’s Office).
DISCUSSION/ANALYSIS
Staff is requesting the City Council approve a new three (3) year successor Memorandum of Understanding with the International Brotherhood of Teamsters, Local 986, along with updated Pay Ranges and Supplemental Benefits Resolutions for unrepresented employees, effective July 1, 2025. The proposed enhancements constitute reasonable and justified labor costs based on the City’s financial health while still ensuring employees are competitively compensated.
The City proposed its final offer on May 16, 2025 to the International Brotherhood of Teamsters, Local 911, and the Union members subsequently voted to ratify the proposal on June 5, 2025.
Memorandum of Understanding with International Brotherhood Teamsters 986 to Provide for Compensation and Supplemental Benefits for Employees for Fiscal Years 2025–2028 and Fiscal Year 2025-2028 Citywide Compensation Program Page 3 For the Meeting of June 10, 2025
On June 6, 2025, the Union notified the City that effective June 1, 2025 Teamsters Local 911 has merged into Teamsters Local 986 and requested that the City recognize Teamsters Local 986 as the new employee organization representing City employees. Accordingly, the attached MOU has been revised to reflect this change.
The negotiated agreements achieve key priorities identified by both the City and by the employee groups, which include the following proposed changes:
• Three-year agreement effective July 1, 2025, through June 30, 2028. • A 3.5% Cost of Living Adjustment (COLA) increase to base wages effective the pay period commencing June 22, 2025, and paid July 10, 2025.
• Subsequent COLA’s that will reflect a minimum 1% to a maximum 4% base pay increase based upon the Consumer Price Index for All Urban Consumers (“CPI-U”) for FY 2026-27 and FY 2027-28.
• Additional City contribution of up to $255 per month for Full-Time employees and up to $127.50 per month for Regular Part-Time employees who are paying out of pocket for City health plan premiums.
• Modest increase for safety boot reimbursement of up to $250 for each authorized purchase.
• Adjustment for Regular Part-Time employees to be paid the full amount of hours for scheduled holidays;
• Additional updates include language revisions to assist staff administratively when implementing the terms and conditions of the MOU with intent and clarity.
All of the adjustments included in these proposals have been carefully assessed with a commitment to fiscal sustainability. The proposed MOU and Resolutions are attached to this report and are before the City Council for approval.
Concurrently with the adoption of the Teamsters MOU 2025-28, the attached resolutions provide the same COLA and supplemental benefits to the Unrepresented Executive Employees and the Unrepresented Confidential Employees for Fiscal Year 2025-26. The only exception is a Severance Pay provision, which was added to the Unrepresented Executive Employees Resolution.
ALTERNATIVES
There are no recommended alternatives with respect to this item.
ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.
Respectfully submitted,
Memorandum of Understanding with International Brotherhood Teamsters 986 to Provide for Compensation and Supplemental Benefits for Employees for Fiscal Years 2025–2028 and Fiscal Year 2025-2028 Citywide Compensation Program Page 4 For the Meeting of June 10, 2025
Stephanie Luu
Human Resources Manager
Attachments:
1. Resolution 2025-32 Adopting Memorandum of Understanding with International Brotherhood Teamsters, Local 986
2. Resolution 2025-33 Unrepresented Executive Employees Pay & Benefits Update
3. Resolution 2025-34 Unrepresented Confidential Employees Pay & Benefits Update
4. Resolution 2025-35 Citywide Compensation Plan for FY 2025-26
ATTACHMENT 1
RESOLUTION 2025-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS
ANGELES, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL 986 FOR THE PERIOD JULY 1, 2025 THROUGH JUNE 30, 2028
WHEREAS, the current Memorandum of Understanding (“MOU”) between the City of San Dimas (“City”) and the International Brotherhood of Teamsters Local 911 (“Union”) expires on June 30, 2025 (“Teamsters MOU 2024-25”); and
WHEREAS, and the parties met and conferred in good faith pursuant to the provisions of the Meyers-Milias Brown Act (hereinafter referred to as the “MMBA” codified in California Government Code Sections 3500, et seq.), regarding the terms of a successor Union MOU; and WHEREAS, the parties have reached a tentative agreement on a successor MOU for the period covering July 1, 2025 through June 30, 2028, which has been ratified by the Union membership subject to City Council consideration and adoption; and WHEREAS, the parties prepared a successor Teamsters MOU 2025-28 reflecting the ratified tentative agreement for City Council consideration and adoption; and WHEREAS, Union notified the City on June 6, 2025 that effective June 1, 2025 Teamsters Local 911 has merged into Teamsters Local 986 and requested that the City recognize Teamsters Local 986 as the new employee organization representing City employees; and WHEREAS, Section 36506 of the California Government Code requires that the City Council fix the compensation of all appointive officers and employees by resolution or ordinance; and
WHEREAS, Section 2.08.030 of The San Dimas Municipal Code requires that the City Council fix the compensation of all officers and employees of the City by resolution; and WHEREAS, Government Code Section 3505.1 provides that if a tentative agreement is reached by the authorized representatives of a public agency and a recognized employee organization, the governing body shall vote to accept or reject the tentative agreement within thirty (30) days of the date it is first considered at a duly noticed public meeting.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas does hereby resolve that:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council hereby recognizes the International Brotherhood of Teamsters Local 986 as the new employee organization representing City employees as successor to Local 911.
SECTION 3. The City Council hereby approves and adopts the Memorandum of Understanding between the City of San Dimas and the International Brotherhood of Teamsters
Resolution 2025-32 Page 2
Approving the MOU Between the City and the International Brotherhood of Teamsters Local 986 for the Period July 1, 2025 through June 30, 2028
Local 986 covering the period July 1, 2025 through June 30, 2028, a signed copy of which is attached hereto as Exhibit A.
SECTION 4. The City Clerk shall certify the adoption of this resolution effective June 10th, 2025.
PASSED, APPROVED AND ADOPTED this 10th, day of June, 2025.
_________________________________
Emmett G. Badar, Mayor
ATTEST:
_____________________________
Debra Black, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )§
CITY OF SAN DIMAS )
I, DEBRA BLACK, CITY CLERK of the City of San Dimas, California, do hereby certify that the foregoing is a full, true and correct copy of Resolution 2025-32. It was duly adopted and passed at a regular meeting of the San Dimas City Council on the 10th, day of June, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Debra Black, City Clerk
EXHIBIT A
ATTACHMENT 2
RESOLUTION 2025-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, AMENDING AND RESTATING RESOLUTION 2024-79 AND
ADOPTING AN UPDATED COMPENSATION AND BENEFIT PLAN FOR
UNREPRESENTED EXECUTIVE CITY EMPLOYEES
WHEREAS, Section 36506 of the California Government Code requires the City Council of the City of San Dimas (City) to fix the compensation of all appointive officers and employees of the city by resolution or ordinance;
WHEREAS, Section 2.08.030 of the San Dimas Municipal Code requires that the compensation of officers and employees of the City, including the city clerk and city treasurer, shall be fixed and determined by resolution of the City Council; and WHEREAS, the City Council desires to amend and restate the compensation and benefit plan for the City’s Unrepresented Executive Employees, as defined herein, to account for cost-ofliving adjustments and updated compensation and benefits; NOW, THEREFORE, the City Council of the City of San Dimas does hereby resolve as follows:
Effective the pay period commencing June 22, 2025 and paid July 10, 2025, Resolution 2024-79 shall be amended and restated, and the following compensation plan and benefits shall be adopted and supersede all previous such resolutions and compensation/benefit plans for Unrepresented Executive Employees, to read as follows:
SECTION 1. UNREPRESENTED EXECUTIVE EMPLOYEE DESIGNATIONS The following positions shall be considered Unrepresented Executive Employees and subject to the compensation and benefits provided herein:
Assistant City Manager
Director of Administrative Services/Treasurer
Director of Community Development
Director of Public Works
Director of Parks & Recreation
SECTION 2. COMPENSATION PLAN
Employees covered by this Resolution and actively employed by the City upon the adoption of this Resolution will receive a 3.5% cost-of-living adjustment (COLA) increase in base pay effective the pay period commencing June 22, 2025 and paid July 10, 2025.
Subsequent fiscal years will be adjusted as follows:
July 1, 2026 – 1% minimum to a 4% maximum COLA increase to base pay based upon the Consumer Price Index for All Urban Consumers (“CPI-U”), all items index, not seasonally adjusted, from March-to-March, as provided by the Bureau of Labor Statistics from the Los Angeles – Long Beach – Anaheim, CA area, effective the pay period beginning June 21, 2026 with July 9, 2026 pay date.
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July 1, 2027 – 1% minimum to a 4% maximum COLA increase to base pay based upon the Consumer Price Index for All Urban Consumers (“CPI-U”), all items index, not seasonally adjusted, from March-to-March, as provided by the Bureau of Labor Statistics from the Los Angeles – Long Beach – Anaheim, CA area, effective the pay period beginning June 20, 2027 with July 8, 2027 pay date.
1. Employees covered under this Resolution are separated into two tiers of pay range schedules based on the employees’ hire or re-hire date, whichever is the later.
2. When an employee is promoted, the pay shall advance to the lowest step in such higher range or one pay step higher than their current pay rate, whichever is higher. • Tier 1 – 5-step pay schedule with approximately five percent (5%) increases in between each step for active employees with a hire date prior to July 1, 2021. • Tier 1 – 5-step pay schedule will be eliminated once all active employees reach top step and will transition onto the Tier 2, 9-step pay schedule without reduction in salary. • Tier 2 – 9-step pay schedule with increases of approximately two and a half percent (2.5%) in-between each step for active employees with a hire or re-hire date, on or after July 1, 2021.
• Tier 2 – 9-step pay schedule with increases of approximately two and a half percent (2.5%) in between each step for all active employees with a promotion date on or after July 1, 2025.
Unrepresented Executive Staff Range Monthly Salary
Assistant City Manager 108 $17,199 - $20,905
Director of Administrative Services/Treasurer 104 $15,581 - $18,939 Director of Community Development 103 $15,201 - $18,477 Director of Public Works 102 $14,830 - $18,026
Director of Parks & Recreation 101 $14,469 - $17,587
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SECTION 3. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
In August 1999, the City amended its contract with the California Public Employees’ Retirement System (CalPERS) to the 2% @ 55 formula, with the provision that if the employer's rate is reinstated at some future time the employees would contribute a portion of their gross salary towards the cost of the enhanced retirement plan.
As of June 22, 2014, employees contribute the full 7% employee portion for CalPERS contribution. (Resolution No. 2013-38.)
The City pays to CalPERS a maximum of seven percent (7%) of the employee’s base compensation for their share of the retirement contribution, as required by Section 20683 of the Government Code; which sum shall be equivalent to the percentage required by law to be paid by miscellaneous employee members thereof. All full-time employees shall be enrolled in CalPERS upon hire. Once employees are classified as Regular Part-Time, they shall be enrolled in CalPERS.
All new employees hired on or after January 1, 2013 and deemed to be a “new member” as defined in Government Code Section 7522.01, shall be enrolled in the California Public Employees’ Pension Reform Act (PEPRA) provided 2% at 62 retirement formula. New employees are responsible for paying 50% of the "normal cost" of the plan as annually calculated by CalPERS.
SECTION 4. HEALTH INSURANCE AND OPTIONAL BENEFITS PLAN
Every eligible full-time employee receiving City benefits must be covered by a health insurance plan approved by the City except as provided below. The City will contribute $1,545 per month to an Optional Benefit Plan which the employee may receive as cash or may elect to use for medical, dental, vision insurance, or other such benefits as may be approved by the City Manager.
The City will pay up to an additional $255 per month to those employees paying out of pocket for City health plan premiums. This shall not increase any cash payments, nor will there be any cash paid for any unused portion of the up to $255 per month additional City contribution.
Employees hired on or after November 12, 2024, and who waive medical coverage per the provisions below or elect health plan coverages (medical, dental, vision, and/or supplemental benefits) lower than the monthly benefit allowance per month, will receive a maximum of $600 per month as taxable cash.
To qualify to waive medical coverage with the City of San Dimas, the employee must show proof of coverage in a group health plan such as with a spouse's employer and other than the individual market place, whether obtained through Covered California, another market place established under Health Reform or outside market places established under Health Reform. Proof of other group coverage must be submitted each year. This plan is maintained for the exclusive benefit of employees and their dependents and is established with the intention of being maintained for an indefinite period of time.
Optional Benefit Plan
Each full-time employee shall receive an Optional Benefit Plan allocation. If deemed necessary the City may change insurance providers for the employees. The Optional
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Benefit Plan amount may be increased or decreased upon approval of Administration and City Council. The Optional Benefit money is not taxed if used for deferred compensation, health, dental, and vision insurance. If the employee chooses to receive all or part of their Optional Benefit Plan money in cash, the money is subject to all taxes as required by law.
The Optional Benefit Plan may be spent on benefits of the employee’s choice from the following options:
Health Insurance
The City contracts with CalPERS for health insurance. Employees who do not wish to be covered must submit proof of coverage under a spouse’s plan or other plan and sign an affidavit stating employee has sufficient coverage from an outside source. Employees are eligible to change plans annually during the designated open enrollment period.
Dental Insurance
The City contracts with Delta Dental to provide optional dental coverage. Delta Dental offers an indemnity plan and a prepaid plan to choose from.
Vision Insurance
The City contracts with Vision Services Plan to provide primary vision coverage to all eligible employees.
Deferred Comp
As determined by the IRS, employees may defer annual earnings up to a maximum amount. This “deferred compensation” contribution means the money will not be taxed until you draw it out. IRS rules do not allow withdrawal until you terminate employment or in the event of an emergency. The IRS may increase the maximum amount allowed for deferral each calendar year.
Cash
Employees may choose to receive all or a portion of their remaining Optional Benefit Plan funds in cash. At that time, the funds are taxable.
SECTION 5. LIFE INSURANCE AND LONG-TERM DISABILITY INSURANCE The City shall provide, at no cost to the employee, term life insurance in the amount of $100,000.
Additionally, in lieu of employees participating in the State Disability Insurance Program, the City shall provide long-term disability insurance for employees, which benefits are equal to or exceed those provided under State Disability Insurance.
These insurance plans are maintained for the exclusive benefit of employees, and are established with the intention of being maintained for an indefinite period of time. The specific terms and conditions of said insurance plans should be determined and approved by the City Manager.
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SECTION 6. DEFERRED COMPENSATION
To encourage employees to participate in the optional deferred compensation program, the City offers a 457(b) and 401(a) defined contribution plan. The City shall provide a matching contribution into the 401(a) plan up to a maximum amount shown below:
November 15, 2020
$250.00 per month maximum match
The deferred compensation matching program is maintained for the exclusive benefit of employees and is established with the intention of being maintained for an indefinite period of time. The specific terms and conditions of the program shall be determined and approved by the City Manager.
SECTION 7. LONGEVITY SERVICE INCENTIVE
Employees covered under this Resolution who have completed five (5) or more years of continuous service with the City of San Dimas shall be eligible to receive Longevity/Service Incentive Pay. The longevity pay shall be calculated as a percentage of the employee’s annual base salary. The total longevity pay amount for the year shall then be prorated and paid out in equal biweekly installments over the calendar year, included as part of the employee’s regular paycheck. The applicable percentages based on completed years of continuous service are as follows:
Completed Years of Continuous Service % of annual salary on bi-weekly basis 5-9 years 2.5%
10-14 years 5%
15-19 years 7.5%
20+ years 10%
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SECTION 8. SERVICE AWARDS AND RECOGNITION EVENT
Each calendar year, a recognition event will be organized for employees who have reached years of service milestones. The event will be held by the City to honor the commitment and dedication to providing a quality level of service to the City of San Dimas. Qualifying employees will receive the following one-time recognition awards:
Years of Service Service Pin Taxable Monetary Award
1 1 Year of Service Pin $0.00
5 5 Years of Service Pin & Base $150.00
10 10 Years of Service Pin $200.00
15 15 Years of Service Pin $250.00
20 20 Years of Service Pin $300.00
25 25 Years of Service Pin $750.00
30 30 Years of Service Pin $800.00
35 35 Years of Service Pin $850.00
40 40 Years of Service Pin $900.00
SECTION 9. EMPLOYEE AWARDS FOR EXCEPTIONAL SERVICE
Each calendar year full-time employees who have demonstrated outstanding service to the Community though extraordinary efforts and work product during the year may be recognized through awards which will include taxable monetary compensation up to $500, as determined by the City Manager. In addition to the annual awards, when staff performs duties that are above and beyond their expected level of service, the City Manager may determine that such level of service warrants a taxable award in an amount not to exceed $50 per award.
SECTION 10. ACTING PAY
Where an employee has been trained to assume the position of another in a higher pay range and will be performing in that position for more than forty (40) consecutive hours and it is not under the normal scope of duties to assume the position, the employee may be granted a temporary five percent (5%) base pay increase retroactive to the day they began serving in the position. At the discretion of the City Manager, a higher temporary increase may be granted based on specific circumstances. Acting pay shall only be granted with the approval of the City Manager.
SECTION 11. ADMINISTRATIVE LEAVE
Administrative Leave shall be granted to certain management personnel that are exempt from overtime compensation under Fair Labor Standards Act guidelines. The specific terms and conditions of the program shall be determined and approved by the City Manager in accordance with City policy.
SECTION 12. VACATION LEAVE
The purpose of vacation leave is to enable each eligible employee to return to work mentally refreshed. Employees covered by this resolution shall be entitled to vacation leave with pay except the following:
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1. Employees who have not yet completed six (6) months of service with the City, except as may be allowed by the City Manager or designee.
2. Employees who work on a provisional basis and all employees who are not regularly employed in a permanent position.
Employees shall be strongly encouraged to take a minimum of forty (40) hours of vacation each year. Holiday hours may be counted toward the forty (40) hours of time off. (Resolution 89-54.) In the event one or more municipal holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave, and the vacation leave shall be adjusted accordingly.
An employee may accumulate unused vacation leave up to a maximum of two and one-half (2.5) times the number of hours due annually, except that under extraordinary circumstances and when the best interests of the City so require, the City Manager may permit a temporary accumulation of vacation in excess of the maximum. Thus, under normal circumstances, annual vacation leave shall not accrue nor accumulate in excess of the amounts listed in the table below.
Upon separation, payoff of vacation will match maximum accrual formulas. These accumulated vacation days may be converted into either a lump sum cash payment or a vacation leave taken immediately prior to the effective date of separation (Res. No. 80-66, July 22, 1980).
The times during a calendar year at which an employee may take vacation shall be determined by the City Manager, with due regard for the needs of the service. An employee may take up to one hundred and twenty (120) consecutive hours of vacation if authorized by the City Manager.
Requests for vacation exceeding one hundred and twenty (120) consecutive hours may be granted if approved by the City Manager. (Res. 81-13, March 24, 1981; Res. 80-66, July 22, 1980; Res. 82-86, October 26, 1982.)
Vacation credit shall be granted biweekly to each full-time employee covered by this Resolution at a rate according to their total years’ service with local government, as shown below. Employees that go into an unpaid status shall cease to accrue vacation credit while in the unpaid status.
Years of Service Full Time
Employees
Bi-Weekly
Accrual Hours
Vacation Hours
per Year Maximum Accrual
0 to 4 4.31 112 280
5 to 9 4.93 128 320
10 to 14 5.54 144 360
15+ 6.16 160 400
SECTION 13. SICK LEAVE
Every full-time employee covered by this resolution shall accrue sick leave beginning with the first full pay period of employment on the basis of 3.70 hours for each pay period. The maximum annual accrual for full-time represented employees is 96 hours.
Annually, full-time employees who have two hundred (200) hours or more of accumulated, unused sick leave shall be eligible to sell back sick leave pursuant to the provisions in the City’s Sick Leave Incentive Program Policy. The eligible employee may request to sell back up to a maximum
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of 96 sick leave hours in excess of two hundred (200) hours which have been accrued, recorded, and available for use during the eligibility period. The eligibility period is determined by the finance division and is calculated using the subsequent 26 pay periods of the next calendar year.
Employees shall not be able to sell back any hours that would reduce their sick leave balance below two hundred (200) hours after the sell back.
SECTION 14. LEAVE DEDUCTIONS
Employees shall utilize leave balances when leave taken for vacation exceeds four (4) hours or two (2) hours for sick leave.
SECTION 15. TUITION REIMBURSEMENT
All regular full-time employees who have passed their initial probation with the City shall be eligible for the Tuition Reimbursement Program. The courses of study or specialized training taken at an Accredited College or University, shall be directly related to the employee’s current occupation or for preparing for future promotions within the City, subject to the provisions below.
To qualify for tuition reimbursement, a Tuition Reimbursement form must be submitted and preapproved by the City Manager and Human Resources before the courses begin.
The Tuition Reimbursement program will operate on a calendar year basis and shall be subject to the availability of funds as determined by the City. Employees may be reimbursed up to $2,000 per calendar year. Payments are made with the 15th and 30th warrant registers of the month.
All course work must be completed while employed by the City of San Dimas with a passing grade of “C” or equivalent when numerical score or pass/fail grade is given. If the employee either does not receive a “C” or better or for any reason does not finish the class, the reimbursement shall not be paid.
Any employee who shall voluntarily retire or separate employment or be terminated for disciplinary cause within one year from the completion of the class or classes shall refund all tuition paid under this provision for those specific classes unless they were required to attend by the appointing power.
The City reserves the right to investigate any school and approve or deny it for reimbursement if such action appears warranted. Courses must be taken at an accredited education institution, which is defined as any college or university which has been accredited by a recognized government or professional accrediting body (as determined by the City). Additionally, the City reserves the right to deny any course(s), specialized training or degree programs determined by the City Manager to be non-job related.
The City Manager or designated training officer is authorized to prescribe other limitations with respect to the time which may be spent by an employee in training and the amount of tuition reimbursement allowed per employee each year. The City Manager or designated training officer may waive any or all of the restrictions in this section.
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SECTION 16. CAR ALLOWANCE
The following positions shall receive a monthly allowance for car expenses:
POSITION MONTHLY ALLOWANCE
Assistant City Manager $300.00
Director of Administrative Services/Treasurer $300.00
Director of Parks & Recreation $300.00
Director of Public Works $300.00
Director of Community Development $300.00
SECTION 17. CELL PHONE/DATA ALLOWANCE
The following positions shall be eligible to receive a monthly allowance for personal cell phone expenses and data charges as listed pursuant to the provisions of the City Cell Phone Policy:
POSITION Cell Phone Data Charges
Assistant City Manager $40.00 $45.00
Director of Administrative Services/Treasurer $40.00 $45.00 Director of Parks & Recreation $40.00 $45.00
Director of Public Works $40.00 $45.00
Director of Community Development $40.00 $45.00
SECTION 18. DISCIPLINE AND DISCIPLINARY APPEALS
An employee in the competitive service may be disciplined, including dismissed, for due cause at any time by the City Manager. While discipline should be progressive in nature, the extent and degree of the disciplinary action taken shall be commensurate with the offense and with due consideration of the employee’s performance record. Any employee who will be disciplined shall receive a written statement of the reasons for such action prior to the time of the discipline and shall be entitled to a hearing if the employee so requests, as provided in this Section.
All employees are expected to exercise good judgment, loyalty, common sense, dedication, honesty, and courtesy in the performance of their duties. The primary mission of every employee is to provide courteous, orderly, efficient, and economic delivery of services to the citizens of the City.
A. Grounds for Disciplinary Action
The following are examples of the types of behavior constituting due cause which may result in discipline up to and including dismissal:
1. Acts, errors, or omissions which discredit the public service or impair the provision of orderly services to the citizens of the City.
2. Drinking alcohol or the abuse of non-prescription or prescription drugs or other controlled substances on the job, or arriving on the job under the influence of or
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while in possession of alcohol, drugs, or other controlled substances.
3. Violation of a lawful duty.
4. Insubordination; or insulting or demeaning the authority of a supervisor or manager
5. Absence from work without first notifying and securing permission from the supervisor.
6. Habitual absence or tardiness for any reason.
7. Unsatisfactory job performance, as determined by the City.
8. Conviction, meaning any judicial determination of guilt, of a crime that has a nexus to the employee’s job duties.
9. Acceptance of fees, gratuities or other valuable items in the performance of the employee's official duties for the City.
10. Inability, refusal or failure to perform the duties of the assigned job.
11. Inefficiency or ineffectiveness in job performance.
12. Violation of duties or rules imposed by this manual, or by any other City rule, regulation, policy or administrative order, or County, State, or Federal regulations and/or law.
13. Making any false representation or statement, or any omission of a material fact.
14. Providing wrong or misleading information or other fraud in securing appointment, promotion or maintaining employment.
15. Theft or damage of any City property, equipment, resource, or vehicle, or the waste of City supplies through negligence or misconduct.
16. Misuse or unauthorized use of any City property, including, but not limited to:
physical property, electronic resources, supplies, tools, equipment, and communication systems.
17. Mishandling of public funds.
18. Falsifying or tampering with any City record, including work time or financial records.
19. Discourteous or offensive treatment of the public or other employees.
20. Abusive conduct, including malicious verbal, visual or physical actions, or the gratuitous sabotage or undermining of a person’s work performance.
21. Unapproved outside employment or activity, or other enterprise that constitutes a
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conflict of interest with service to the City.
22. Any conduct that impairs, disrupts or causes discredit to the City, to the public service, or other employee’s employment.
23. Reckless or unsafe conduct.
24. Working overtime without prior authorization or refusing to work assigned overtime.
This list is not all-inclusive and only serves as a general guide. The City may discipline or dismiss employees for other reasons not stated above.
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B. Types of Discipline
In the event that discipline is necessary, the following types of disciplinary actions may be used in a progressive manner depending on the severity of the offense and the particular situation:
1. Oral Warning: An oral warning is a counseling session between the employee's supervisor and the employee on the subject of the employee's conduct and performance, or their failure to observe a rule, regulation, or administrative instruction.
It is intended to increase an employee's efficiency and value to the City by changing the employee's conduct, attitude, habits, or work methods. It will tell the employee what specific improvement is expected and what consequence(s) may occur if correction is not made. Following the counseling session, the supervisor shall document the oral warning. Such documentation shall be retained in a Supervisors file until such time as the next performance evaluation is issued and is not subject to the discipline or discipline appeal procedures below.
2. Reprimand: A reprimand is a formal written disciplinary action from a supervisory employee to discontinue inappropriate conduct or to correct a performance issue.
Where applicable, the written warning shall indicate the following:
i. That the document constitutes a written notice of discipline. ii. The behavior or violation of rules or procedure for which the discipline is given and the specific improvement expected.
iii. A statement of any prior discipline given to the employee. iv. An indication, in general terms, of further action to be taken if there is a continuation of the unsatisfactory behavior or performance. v. An indication that the employee received a copy of the written notice of discipline and whether the discipline was discussed with the employee.
Written reprimands are placed in the employee's personnel file. A written reprimand is not subject to the discipline appeal procedures described below. The employee has the right to have their written rebuttal attached to the reprimand in the employee’s personnel file, if the employee submits the rebuttal to Human Resources within ten (10) days after the reprimand is received.
3. Suspension: A suspension is a temporary, unpaid absence from duty which may be imposed as a penalty for significant misconduct or repeated lesser infractions. A suspension is a disciplinary action which is made part of the employee's permanent record when the suspension is final and documented in the performance evaluation.
A suspension will not be issued without the consent of the City Manager. A suspension without pay is subject to the discipline appeal procedures described below. Employees who are exempt from FLSA overtime will only be suspended as authorized by the FLSA.
4. Reduction in Pay: The City may reduce an employee’s pay or paid leave for cause.
A reduction in pay for disciplinary purposes may take one of three forms: (1) a decrease in salary to a lower step within the salary range; (2) a decrease in salary paid to an employee for a fixed period of time; or (3) loss of future accrual of paid vacation
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or administrative leave, floating holiday, or compensatory time off. Documents related to a reduction in pay shall become part of the employee’s personnel file.
A reduction in pay is subject to the discipline appeal procedures described below.
Employees who are exempt from the FLSA overtime requirements are not subject to pay reduction, except loss of future accrual of vacation, floating holiday, or administrative leave.
5. Demotion: A demotion is an involuntary movement of an employee from a position in one classification to a different position in another classification having a lower salary schedule and is typically applicable for employees who are unable to maintain satisfactory work performance in their job. A demotion will not be issued without the consent of the City Manager. No employee shall be demoted to a position for which they do not possess the minimum qualifications. The employee shall receive a copy of the written notice of demotion and documentation that the demotion was discussed with the employee. Documents related to a demotion shall become part of the employee’s personnel file. A demotion is subject to the discipline appeal procedures described below.
6. Dismissal: An employee may be dismissed from City employment for any of the reasons listed below.
i. During or at the end of the employee's probationary period. ii. As a result of disciplinary action.
iii. Due to loss of skills, certifications or other conditions which would make the employee unfit for service.
iv. If the employee has a physical or mental impairment that prevents the employee from performing the required duties of the employee's position and the employee cannot be reasonably accommodated. Dismissal must be supported by medical evidence which establishes that the individual is unable to perform bona fide job requirements. The City may require an examination at its expense performed by a physician of its choice. Failure to submit to such request may result in dismissal.
v. Whenever the City Manager determines to make changes deemed to be in the best interest of the City such as non-disciplinary layoffs or service reductions.
7. Administrative Leave: Administrative leave with pay, may be utilized by the City Manager pending the results of an investigation or disciplinary action if the City Manager determines that factors such as, but not limited to, public confidence, potential impairment on an investigation, the safety of the employee or the efficient functioning of the City warrant such a suspension.
Based on individual circumstances and/or the nature or severity of an alleged violation, the steps listed above in the progressive discipline chain may be repeated or, where warranted by the nature or severity of the alleged misconduct, bypassed entirely. Any employee disciplined by a suspension or greater is entitled to the discipline appeal procedures described below.
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C. Discipline Procedures
The following discipline procedures only apply to full-time non-probationary employees in the City’s competitive service. All employees other than full-time non-probationary employees in the City’s competitive service (namely probationary, regular part-time, part-time hourly, temporary employees and at-will employees), may be disciplined or separated at will, with or without cause, and without the disciplinary procedures listed below. The following discipline procedures apply only to suspension without pay, reduction in pay, demotion, or dismissal.
Any time limits specified in this Section may be waived by mutual agreement of both parties, in writing. As used in this section, the term “working days” shall mean Monday-Friday, excluding any City recognized holidays.
1. “Skelly” Notice of Intended Disciplinary Action to Employee: A written notice of the intended disciplinary action shall be given to the employee and to their representative if the employee has requested a representative in the discipline matter, at least five (5) days before any discipline may be imposed, which will include the following information:
i. The level of the intended discipline;
ii. The specific charges upon which the intended discipline is based; iii. A summary of facts upon which the charges are based; iv. A copy of all materials upon which the intended discipline is based; v. Notice of the employee’s right to respond within five (5) calendar days from the date of the notice, either by requesting a Skelly conference, or by providing a written response, or both;
vi. Notice of the employee’s right to have a representative of their choice at the Skelly conference; and
vii. Notice that failure to respond by the time specified constitutes a waiver of the right to respond prior to final discipline being imposed.
2. Response by Employee and Skelly Conference: If the employee requests a Skelly conference, the conference must be scheduled at least seven (7) calendar days after the date of the Notice. The conference will be an informal meeting with the Assistant City Manager or City Manager, at which the employee has an opportunity to rebut the charges against them and present any mitigating circumstances. The Assistant City Manager or City Manager will consider the employee’s presentation before any final disciplinary action. The employee’s failure to attend the conference, or to deliver a written response by the date specified in the Skelly notice, is a waiver of the right to respond, and the intended disciplinary action will be imposed on the date specified in the notice. Employees shall have the right to be represented at this conference by their Union or by a representative of their choosing upon request.
3. Final Notice of Discipline: After the Skelly conference and/or timely receipt of the employee’s written response, the Assistant City Manager or City Manager will: (1) take no disciplinary action; (2) modify the intended discipline; or (3) impose the intended disciplinary action. In any case, the Assistant City Manager or City Manager will
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provide the employee and their representative, with a notice that contains the following:
i. The level of discipline, if any, to be imposed and the effective date of the discipline;
ii. The specific charges upon which the discipline is based; iii. A summary of the facts upon which the discipline is based; iv. A copy of all materials upon which the discipline is based; and v. A reference to the employee’s appeal right and deadline to appeal.
4. Delivery of the Final Notice of Discipline: The final notice of discipline will be sent by mail method that verifies delivery to the last known address of the employee or delivered to the employee in person, and a courtesy copy will be provided to their representative. If the notice is not deliverable because the employee has moved without notifying the City or the employee refuses to accept delivery, the effective date of discipline will be the date the post office or delivery service attempted delivery.
D. Request for Disciplinary Appeal Hearing
An employee, or their representative, may submit a written request for appeal to the City Manager within ten (10) days from: (1) receipt of the final notice of discipline; or (2) the date of attempted delivery by the post office or delivery service of the notice to the last known address of the employee. Failure to file a timely written request for an appeal waives the right to an appeal hearing and any appeal of the discipline.
1. Appeal Hearing Officer: The appeal hearing officer shall be the City Manager or an individual designated by the City Manager.
2. Date and Time of the Appeal Hearing: Once the appeal hearing officer has been designated, the hearing officer will set a date for an appeal hearing. The employee shall be notified in writing at least twenty-one (21) days prior to the hearing of the scheduled date.
3. Prehearing Notice of Witnesses and Evidence: No later than ten (10) days before the hearing date, each party will provide the other and the appeal hearing officer a list of all witnesses to be called (except rebuttal witnesses), and a copy of all evidence (except rebuttal evidence) to be submitted at the hearing. The City will use numbers to identify its evidence; the employee will use alphabet letters. Neither party will be permitted to call any witness or evidence that has not been listed, unless that party can show that the party could not have reasonably anticipated the need for the witness or exhibit.
4. Witness Attendance: The City has no authority to issue subpoenas in disciplinary matters. Each party is responsible for attendance of their proposed witnesses. City employees, however, who are requested by either party to testify during working hours will be directed by the City to appear and shall be released with pay to appear at the hearing. City employees who are directed to testify during non-working hours will be compensated for the time they actually spend testifying.
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5. Continuances: The appeal hearing officer may continue a scheduled hearing only upon good cause shown.
6. Record of the Appeal Hearing: The hearing shall be recorded, either electronically or by a court reporter, at the option of the City. If the City orders a transcript or makes a transcript of the recording, the City will notify the employee within three days of ordering or making the transcript, and will provide a copy of the transcript to the employee at no cost to the employee.
7. Employee Appearance: The employee must appear personally before the hearing officer at the time and place set for the hearing. The employee may be represented by any representative they may select.
E. Conduct of the Hearing
1. Sworn Testimony: All witnesses shall be sworn in prior to testifying. The hearing officer or court reporter shall request each witness to raise their hand and respond to the following: “Do you swear (or affirm) that the testimony that you are about to give is the truth, the whole truth, and nothing but the truth?”
2. Evidence: Hearings need not be conducted according to technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner that the hearing officer decides is the most conducive to determining the truth. The rules dealing with privileges shall be effective to the same extent that they are recognized in civil actions.
Irrelevant or unduly repetitious evidence may be excluded. The appeal hearing officer shall determine the relevance, weight and credibility of testimony and evidence.
3. Exclusion of Witnesses: During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing.
4. Burden of Proof: The City has the burden of proof by the preponderance of the evidence.
5. Authority of Hearing Officer: The appeal hearing officer shall not have the power to alter, amend, change, add to, or subtract from any of the terms of this Article.
6. Presentation of the Case: The parties will address their remarks, evidence, and objections to the appeal hearing officer. The appeal hearing officer may terminate argument at any time and issue a ruling regarding an objection or any other matter.
The appeal hearing officer may limit redundant or irrelevant testimony, or directly question the witness. The hearing will proceed in the following order unless the appeal hearing officer directs otherwise:
i. The City is permitted to make an opening statement;
ii. The employee and/or their representative is permitted to make an opening statement;
iii. The City will produce its evidence;
iv. The employee will produce its evidence
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v. The City, followed by the employee, may present rebuttal evidence; and vi. Oral closing arguments of no more than twenty (20) minutes may be permitted at the discretion of the appeal hearing officer. The City argues first, the employee argues second, and if the City reserved a portion of its time for rebuttal, the City may present a rebuttal.
7. Written Briefs: Either party may request to submit a written brief and/or a draft decision. The appeal hearing officer will determine whether to allow written briefs or draft decisions, the deadline for submitting briefs, and the page limit for briefs.
F. Appeal Hearing Decision
Within thirty (30) days of the conclusion of the hearing, the appeal hearing officer shall make written findings and a decision as to the discipline, which shall be final and binding.
The City will mail a copy of the final written findings and decision, along with a proof of service of mailing that confirms that each of the parties and each of the parties’ representatives were mailed the final written findings and decision. It shall be the responsibility of the employee to inform the City of their address. A copy of the decision shall also be provided to Human Resources.
Any legal action to challenge any decision of the hearing officer must be filed in a court of competent jurisdiction no later than ninety (90) days following the date the hearing officer’s written decision becomes final as provided in California Code of Civil Procedure Section 1094.6.
SECTION 19. SEVERANCE PAY
An Unrepresented Executive Employee whose employment is terminated through a layoff as defined by the City’s Personnel Rules or by mutual agreement or because of a medical separation, and who executes a severance/settlement agreement and general release with the City in a form approved by the City Attorney, will be paid a severance equal to the highest rate of base pay due to the employee during the last six months of their employment, in accordance with the table below. Except as required by law, such payment will not be subject to a CalPERS contribution.
Such payment may, at the sole discretion of the City Manager, be paid by lump sum or by periodic payments over a period not to exceed twenty-six (26) weeks. The City Manager does not have authority to provide severance pay to Unrepresented Executive Employees who are terminated for cause. This severance benefit replaces the layoff severance benefit provided by the City’s Personnel Rules.
Length of Service Severance Pay
Date of hire to completion of two years of service. None Two years plus one day to 5 years of service. 2 months’ salary 5 years plus one day to 10 years of service 3 months’ salary 10 years plus one day to 15 years of service. 6 months’ salary
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SECTION 20. PAYROLL DEDUCTIONS
On each bi-weekly payroll and in such form as the Administrative Services Director may determine, the Finance division is authorized and directed to deduct and withhold from the salary paid to each officer or employee of the City:
A. The minimum amount required by Federal Law for income tax purposes and to make payment thereof to the United States as required by law.
B. The minimum amount required by State Law for income tax purposes and to make payment to the State of California as required by law (Res. No. 76-57, July 13, 1976).
Any officers or employees may authorize the Administrative Services Director or designated staff to make deductions from their salaries to be paid to: 1) the carrier(s) of the City’s health insurance program(s); 2) a charitable organization; 3) a financial institution, such as a credit union; 4) any other legitimate organization of the employees’ collective choice. When so authorized by the employees, the Administrative Services Director or designated staff may make such deductions from the employees’ salaries and pay the amounts designated to the appropriate organization.
PASSED, APPROVED AND ADOPTED this 10th, day of June, 2025. _________________________________
Emmett G. Badar, Mayor
ATTEST:
_____________________________
Debra Black, City Clerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )§
CITY OF SAN DIMAS )
I, DEBRA BLACK, CITY CLERK of the City of San Dimas, California, do hereby certify that the foregoing is a full, true and correct copy of Resolution 2025-33. It was duly adopted and passed at a regular meeting of the San Dimas City Council on the 10th, day of June, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Debra Black, City Clerk
ATTACHMENT 3
RESOLUTION 2025-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, AMENDING AND RESTATING RESOLUTION 2024-78
AND ADOPTING AN UPDATED COMPENSATION AND BENEFIT PLAN FOR
UNREPRESENTED CONFIDENTIAL CITY EMPLOYEES
WHEREAS, Section 36506 of the California Government Code requires the City Council of the City of San Dimas (City) to fix the compensation of all appointive officers and employees of the city by resolution or ordinance;
WHEREAS, Section 2.08.030 of the San Dimas Municipal Code requires that the salaries and compensation of officers and employees of the City, including the City Clerk and City Treasurer, shall be fixed and determined by resolution of the City Council; and WHEREAS, the City Council desires to amend and restate the compensation and benefit plan for the City’s Unrepresented Executive Employees, as defined herein, to account for cost-ofliving adjustments and updated compensation and benefits; NOW, THEREFORE, the City Council of the City of San Dimas does hereby resolve as follows:
Effective the pay period commencing June 22, 2025 and paid July 10, 2025, Resolution 2024-78 shall be amended and restated, and the following compensation plan and benefits shall be adopted and supersede all previous such resolutions and compensation/benefit plans for Unrepresented Confidential Employees, to read as follows:
SECTION 1. UNREPRESENTED CONFIDENTIAL EMPLOYEE DESIGNATIONS The following positions shall be considered Unrepresented Confidential Employees and subject to the compensation and benefits provided herein:
Accounting Supervisor
Human Resources Analyst
Human Resources Manager
Senior Management Analyst (assigned to City Manager’s office) SECTION 2. COMPENSATION PLAN
Employees covered by this Resolution and actively employed by the City upon the adoption of this Resolution will receive a 3.5% cost-of-living adjustment (COLA) increase in base pay effective the pay period commencing June 22, 2025 and paid July 10, 2025. Subsequent fiscal years will be adjusted as follows:
July 1, 2026 – 1% minimum to a 4% maximum COLA increase to base wages based upon the Consumer Price Index for All Urban Consumers (“CPI-U”), all items index, not seasonally adjusted, from March-to-March, as provided by the Bureau of Labor Statistics from the Los Angeles – Long Beach – Anaheim, CA area, effective the pay period beginning June 21, 2026 with July 9, 2026 pay date.
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July 1, 2027 – 1% minimum to a 4% maximum COLA increase to base wages based upon the Consumer Price Index for All Urban Consumers (“CPI-U”), all items index, not seasonally adjusted, from March-to-March, as provided by the Bureau of Labor Statistics from the Los Angeles – Long Beach – Anaheim, CA area, effective the pay period beginning June 20, 2027 with July 8, 2027 pay date.
1. Employees covered under this Resolution are separated into two tiers of pay range schedules based on the employees’ hire or re-hire date, whichever is the later.
2. When an employee is promoted, the pay shall advance to the lowest step in such higher range or one pay step higher than their current pay rate, whichever is higher. • Tier 1 – 5-step pay schedule with approximately five percent (5%) increases in between each step for active employees with a hire date prior to July 1, 2021. • Tier 1 – 5-step pay schedule will be eliminated once all active employees reach top step and will transition onto the Tier 2, 9-step pay schedule without reduction in salary. • Tier 2 – 9-step pay schedule with increases of approximately two and a half percent (2.5%) in-between each step for active employees with a hire or re-hire date, on or after July 1, 2021.
• Tier 2 – 9-step pay schedule with increases of approximately two and a half percent (2.5%) in between each step for all active employees with a promotion date on or after July 1, 2025.
Unrepresented Confidential Classifications RANGE MONTHLY SALARY
Accounting Supervisor 79 $48.49 – $58.94
Human Resources Analyst 68 $37.71– $45.84
Human Resources Manager* 92 $11,585 – $14,082
Senior Management Analyst* 78 $8,199 – $9,966
*Exempt positions are not subject to the Fair Labor Standards Acts’ (FLSA) regular rate of pay requirements.
SECTION 3. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
In August 1999, the City amended its contract with the California Public Employees’ Retirement System (CalPERS) to the 2% @ 55 formula, with the provision that if the employer's rate is reinstated at some future time the employees would contribute a portion of their gross salary towards the cost of the enhanced retirement plan.
As of June 22, 2014, employees contribute the full 7% employee portion for CalPERS contribution. (Resolution 2013-38.)
The City pays to CalPERS a maximum of seven percent (7%) of the employee’s base compensation for their share of the retirement contribution, as required by Section 20683 of the Government Code; which sum shall be equivalent to the percentage required by law to be paid
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by miscellaneous employee members thereof. All full-time employees shall be enrolled in CalPERS upon hire. Once employees are classified as Regular Part-Time, they shall be enrolled in CalPERS.
All new employees hired on or after January 1, 2013 and deemed to be a “new member” as defined in Government Code Section 7522.01, shall be enrolled in the California Public Employees’ Pension Reform Act (PEPRA) provided 2% at 62 retirement formula. New employees are responsible for paying 50% of the "normal cost" of the plan as annually calculated by CalPERS.
SECTION 4. HEALTH INSURANCE AND OPTIONAL BENEFITS PLAN
Every eligible full-time employee receiving City benefits must be covered by a health insurance plan approved by the City except as provided below. The City will contribute $1,545 per month, to an Optional Benefit Plan which the employee may receive as cash or may elect to use for medical, dental, vision insurance, or other such benefits as may be approved by the City Manager.
The City will pay up to an additional $255 per month to those employees paying out of pocket for City health plan premiums. This shall not increase any cash payments, nor will there be any cash paid for any unused portion of the up to $255 per month additional City contribution.
Employees hired on or after November 12, 2024, who waive medical coverage per the provisions below or elect health plan coverages (medical, dental, vision, and/or supplemental benefits), will receive a maximum of $600 per month as taxable cash.
To qualify to waive medical coverage with the City of San Dimas, the employee must show proof of coverage in a group health plan such as with a spouse's employer and other than the individual market place, whether obtained through Covered California, another market place established under Health Reform or outside market places established under Health Reform. Proof of other group coverage must be submitted each year at open enrollment. This plan is maintained for the exclusive benefit of employees and their dependents and is established with the intention of being maintained for an indefinite period of time.
Optional Benefit Plan
Each full-time employee shall receive an Optional Benefit Plan allocation. If deemed necessary the City may change insurance providers for the employees. The Optional Benefit Plan amount may be increased or decreased upon approval of Administration and City Council. The Optional Benefit money is not taxed if used for deferred compensation, health, dental, and vision insurance. If the employee chooses to receive all or part of their Optional Benefit Plan money in cash, the money is subject to all taxes as required by law.
The Optional Benefit Plan may be spent on benefits of the employee’s choice from the following options:
Health Insurance
The City contracts with CalPERS for health insurance. Employees who do not wish to be covered must submit proof of coverage under a spouse’s plan or other plan and sign an affidavit stating that the employee has sufficient coverage from an outside source.
Employees are eligible to change plans annually during the designated open enrollment period.
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Dental Insurance
The City contracts with Delta Dental to provide optional dental coverage to full-time and regular part-time employees. Delta Dental offers an indemnity plan and a prepaid plan to choose from.
Vision Insurance
The City contracts with Vision Services Plan to provide primary vision coverage to all eligible employees.
Deferred Comp
As determined by the IRS, employees may defer annual earnings up to a maximum amount. This “deferred compensation” contribution means the money will not be taxed until you draw it out. IRS rules do not allow withdrawal until you terminate employment or in the event of an emergency. The IRS may increase the maximum amount allowed for deferral each calendar year.
Cash
Employees may choose to receive all or a portion of their remaining Optional Benefit Plan funds in cash. At that time, the funds are taxable.
SECTION 5. LIFE INSURANCE AND LONG-TERM DISABILITY INSURANCE The City shall provide, at no cost to the employee, term life insurance in the amount of $100,000 to all full-time employees and eligible regular part-time employees.
Additionally, in lieu of the employees participating in the State Disability Insurance Program, the City shall provide long-term disability insurance for employees, which benefits are equal to or exceed those provided under State Disability Insurance.
These insurance plans are maintained for the exclusive benefit of employees, and are established with the intention of being maintained for an indefinite period of time. The specific terms and conditions of said insurance plans should be determined and approved by the City Manager.
SECTION 6. DEFERRED COMPENSATION
To encourage employees to participate in the optional deferred compensation program, the City offers a 457(b) and 401(a) defined contribution plan. The City shall provide a matching contribution into the 401(a) plan up to a maximum amount shown below:
November 15, 2020
$250.00 per month maximum match
The deferred compensation matching program is maintained for the exclusive benefit of employees and is established with the intention of being maintained for an indefinite period of time. The specific terms and conditions of the program shall be determined and approved by the City Manager.
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SECTION 7. LONGEVITY SERVICE INCENTIVE
Employees covered under this Resolution who have completed five (5) or more years of continuous service with the City of San Dimas shall be eligible to receive Longevity/Service Incentive Pay. The longevity pay shall be calculated as a percentage of the employee’s annual base salary. The total longevity pay amount for the year shall then be prorated and paid out in equal biweekly installments over the calendar year, included as part of the employee’s regular paycheck. The applicable percentages based on completed years of continuous service are as follows:
Completed Years of Continuous Service % of annual salary on bi-weekly basis 5-9 years 2.5%
10-14 years 5%
15-19 years 7.5%
20+ years 10%
SECTION 8. SERVICE AWARDS AND RECOGNITION EVENT
Each calendar year, a recognition event will be organized for employees who have reached years of service milestones. The event will be held by the City to honor the commitment and dedication to providing a quality level of service to the City of San Dimas. Qualifying employees will receive the following one-time recognition awards:
Years of Service Service Pin Taxable Monetary Award
1 1 Year of Service Pin $0.00
5 5 Years of Service Pin & Base $150.00
10 10 Years of Service Pin $200.00
15 15 Years of Service Pin $250.00
20 20 Years of Service Pin $300.00
25 25 Years of Service Pin $750.00
30 30 Years of Service Pin $800.00
35 35 Years of Service Pin $850.00
40 40 Years of Service Pin $900.00
SECTION 9. EMPLOYEE AWARDS FOR EXCEPTIONAL SERVICE
Each calendar year full-time and regular part time employees who have demonstrated outstanding service to the Community though extraordinary efforts and work product during the year may be recognized through awards which will include taxable monetary compensation up to $500, as determined by the City Manager. In addition to the annual awards, when staff perform duties that are above and beyond their expected level of service, the City Manager may determine that such level of service warrants a taxable award in an amount not to exceed $50 per award.
SECTION 10. ACTING PAY
Where an employee has been trained to assume the position of another in a higher range and
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will be performing in that position for more than forty (40) consecutive hours and it is not under the normal scope of duties to assume the position, the employee may be granted a temporary five percent (5%) base pay increase retroactive to the day they began serving in the position. At the discretion of the City Manager, a higher temporary increase may be granted based on specific circumstances. Acting pay shall only be granted upon the recommendation of the Supervisor and Department Director and with the approval of the City Manager.
SECTION 11. ADMINISTRATIVE LEAVE
Administrative Leave shall be granted to certain management personnel that are exempt from overtime compensation under Fair Labor Standards Act guidelines. The specific terms and conditions of the program shall be determined and approved by the City Manager in accordance with City policy.
SECTION 12. VACATION LEAVE
The purpose of vacation leave is to enable each eligible employee to return to work mentally refreshed. Employees covered by this resolution shall be entitled to vacation leave with pay except the following:
1. Employees who have not yet completed six (6) months of service with the City, except as may be allowed by the City Manager or designee.
2. Employees who work on a provisional basis and all employees who are not regularly employed in a permanent position.
Employees shall be strongly encouraged to take a minimum of forty (40) hours of vacation each year. Holiday hours may be counted toward the forty (40) hours of time off. (Resolution 89-54.) In the event one or more municipal holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave, and the vacation leave shall be adjusted accordingly.
An employee may accumulate unused vacation leave up to a maximum of two and one-half (2.5) times the number of hours due annually, except that under extraordinary circumstances and when the best interests of the City so require, the City Manager may permit a temporary accumulation of vacation in excess of the maximum. Thus, under normal circumstances, annual vacation leave shall not accrue nor accumulate in excess of the amounts listed in the table below.
Upon separation, payoff of vacation will match maximum accrual formulas. These accumulated vacation days may be converted into either a lump sum cash payment or a vacation leave taken immediately prior to the effective date of separation (Res. No. 80-66, July 22, 1980).
The times during a calendar year at which an employee may take vacation shall be determined by the City Manager, with due regard for the needs of the service. An employee may take up to one hundred and twenty (120) consecutive hours of vacation if authorized by the City Manager.
Requests for vacation exceeding one hundred and twenty (120) consecutive hours may be granted if approved by the City Manager. (Res. 81-13, March 24, 1981; Res. 80-66, July 22, 1980; Res. 82-86, October 26, 1982.)
Vacation credit shall be granted biweekly to each full-time employee covered by this Resolution at a rate according to their total years’ service with local government, as shown below. Employees
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that go into an unpaid status shall cease to accrue vacation credit while in the unpaid status.
Years of Service Full Time
Employees
Bi-Weekly
Accrual Hours
Vacation Hours
per Year Maximum Accrual
0 to 4 4.31 112 280
5 to 9 4.93 128 320
10 to 14 5.54 144 360
15+ 6.16 160 400
SECTION 13. SICK LEAVE
Every full-time employee covered by this resolution shall accrue sick leave beginning with the first full pay period of employment on the basis of 3.70 hours for each pay period. The maximum annual accrual for full-time represented employees is 96 hours.
Annually, full-time employees who have two hundred (200) hours or more of accumulated, unused sick leave shall be eligible to sell back sick leave pursuant to the provisions in the City’s Sick Leave Incentive Program Policy. The eligible employee may request to sell back up to a maximum of 96 sick leave hours in excess of two hundred (200) hours which have been accrued, recorded, and available for use during the eligibility period. The eligibility period is determined by the finance division and is calculated using the subsequent 26 pay periods of the next calendar year.
Employees shall not be able to sell back any hours that would reduce their sick leave balance below two hundred (200) hours after the sell back.
SECTION 14. LEAVE DEDUCTIONS
Exempt employees covered by this resolution shall utilize leave balances when leave taken for vacation exceeds four (4) hours or two (2) hours for sick leave.
SECTION 15. TUITION REIMBURSEMENT
All regular full-time employees who have passed their initial probation with the City shall be eligible for the Tuition Reimbursement Program. The courses of study or specialized training taken at an Accredited College or University, shall be directly related to the employee’s current occupation or for preparing for future promotions within the City, subject to the provisions below.
To qualify for tuition reimbursement, a Tuition Reimbursement form must be submitted and preapproved by the City Manager and Human Resources before the courses begin.
The Tuition Reimbursement program will operate on a calendar year basis and shall be subject to the availability of funds as determined by the City. Employees may be reimbursed up to $2,000 per calendar year. Payments are made with the 15th and 30th warrant registers of the month.
All course work must be completed while employed by the City of San Dimas with a passing grade of “C” or equivalent when numerical score or pass/fail grade is given. If the employee either does not receive a “C” or better or for any reason does not finish the class, the reimbursement shall not be paid.
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Any employee who shall voluntarily retire or separate employment or be terminated for disciplinary cause within one year from the completion of the class or classes shall refund all tuition paid under this provision for those specific classes unless they were required to attend by the appointing power.
The City reserves the right to investigate any school and approve or deny it for reimbursement if such action appears warranted. Courses must be taken at an accredited education institution, which is defined as any college or university which has been accredited by a recognized government or professional accrediting body (as determined by the City). Additionally, the City reserves the right to deny any course(s), specialized training or degree programs determined by the City Manager to be non-job related.
The City Manager or designated training officer is authorized to prescribe other limitations with respect to the time which may be spent by an employee in training and the amount of tuition reimbursement allowed per employee each year. The City Manager or designated training officer may waive any or all of the restrictions in this section.
SECTION 16. CAR ALLOWANCE
The following positions shall receive a monthly allowance for car expenses:
POSITION MONTHLY ALLOWANCE
Human Resources Manager $250.00
Senior Management Analyst $250.00
SECTION 17. DISCIPLINE AND DISCIPLINARY APPEALS
An employee in the competitive service may be disciplined, including dismissed, for due cause at any time by their Department Director and/or the City Manager. While discipline should be progressive in nature, the extent and degree of the disciplinary action taken shall be commensurate with the offense and with due consideration of the employee’s performance record. Whenever it is the desire of a Department Director to dismiss an employee in the competitive service, the City Manager’s consent shall be required. Any employee who will be disciplined shall receive a written statement of the reasons for such action prior to the time of the discipline and shall be entitled to a hearing if the employee so requests, as provided in this Section.
All employees are expected to exercise good judgment, loyalty, common sense, dedication, honesty, and courtesy in the performance of their duties. The primary mission of every employee is to provide courteous, orderly, efficient, and economic delivery of services to the citizens of the City.
A. Grounds for Disciplinary Action
The following are examples of the types of behavior constituting due cause which may result in discipline up to and including dismissal:
1. Acts, errors, or omissions which discredit the public service or impair the provision of orderly services to the citizens of the City.
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2. Drinking alcohol or the abuse of non-prescription or prescription drugs or other controlled substances on the job, or arriving on the job under the influence of or while in possession of alcohol, drugs, or other controlled substances.
3. Violation of a lawful duty.
4. Insubordination; or insulting or demeaning the authority of a supervisor or manager
5. Absence from work without first notifying and securing permission from the supervisor.
6. Habitual absence or tardiness for any reason.
7. Unsatisfactory job performance, as determined by the City.
8. Conviction, meaning any judicial determination of guilt, of a crime that has a nexus to the employee’s job duties.
9. Acceptance of fees, gratuities or other valuable items in the performance of the employee's official duties for the City.
10. Inability, refusal or failure to perform the duties of the assigned job.
11. Inefficiency or ineffectiveness in job performance.
12. Violation of duties or rules imposed by this manual, or by any other City rule, regulation, policy or administrative order, or County, State, or Federal regulations and/or law.
13. Making any false representation or statement, or any omission of a material fact.
14. Providing wrong or misleading information or other fraud in securing appointment, promotion or maintaining employment.
15. Theft or damage of any City property, equipment, resource, or vehicle, or the waste of City supplies through negligence or misconduct.
16. Misuse or unauthorized use of any City property, including, but not limited to:
physical property, electronic resources, supplies, tools, equipment, and communication systems.
17. Mishandling of public funds.
18. Falsifying or tampering with any City record, including work time or financial records.
19. Discourteous or offensive treatment of the public or other employees.
20. Abusive conduct, including malicious verbal, visual or physical actions, or the
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gratuitous sabotage or undermining of a person’s work performance.
21. Unapproved outside employment or activity, or other enterprise that constitutes a conflict of interest with service to the City.
22. Any conduct that impairs, disrupts or causes discredit to the City, to the public service, or other employee’s employment.
23. Reckless or unsafe conduct.
24. Working overtime without prior authorization or refusing to work assigned overtime.
This list is not all-inclusive and only serves as a general guide. The City may discipline or dismiss employees for other reasons not stated above.
B. Types of Discipline
In the event that discipline is necessary, the following types of disciplinary actions may be used in a progressive manner depending on the severity of the offense and the particular situation:
1. Oral Warning: An oral warning is a counseling session between the employee's supervisor and the employee on the subject of the employee's conduct and performance, or their failure to observe a rule, regulation, or administrative instruction.
It is intended to increase an employee's efficiency and value to the City by changing the employee's conduct, attitude, habits, or work methods. It will tell the employee what specific improvement is expected and what consequence(s) may occur if correction is not made. Following the counseling session, the supervisor shall document the oral warning. Such documentation shall be retained in a Supervisors file until such time as the next performance evaluation is issued and is not subject to the discipline or discipline appeal procedures below.
2. Reprimand: A reprimand is a formal written disciplinary action from a supervisory employee to discontinue inappropriate conduct or to correct a performance issue.
Where applicable, the written warning shall indicate the following:
i. That the document constitutes a written notice of discipline. ii. The behavior or violation of rules or procedure for which the discipline is given and the specific improvement expected.
iii. A statement of any prior discipline given to the employee. iv. An indication, in general terms, of further action to be taken if there is a continuation of the unsatisfactory behavior or performance. v. An indication that the employee received a copy of the written notice of discipline and whether the discipline was discussed with the employee.
Written reprimands are placed in the employee's personnel file. A written reprimand is
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not subject to the discipline appeal procedures described below. The employee has the right to have their written rebuttal attached to the reprimand in the employee’s personnel file, if the employee submits the rebuttal to Human Resources within ten (10) days after the reprimand is received.
3. Suspension: A suspension is a temporary, unpaid absence from duty which may be imposed as a penalty for significant misconduct or repeated lesser infractions. A suspension is a disciplinary action which is made part of the employee's permanent record when the suspension is final and documented in the performance evaluation.
A suspension will not be issued without the consent of the City Manager. A suspension without pay is subject to the discipline appeal procedures described below. Employees who are exempt from FLSA overtime will only be suspended as authorized by the FLSA.
4. Reduction in Pay: The City may reduce an employee’s pay or paid leave for cause.
A reduction in pay for disciplinary purposes may take one of three forms: (1) a decrease in salary to a lower step within the salary range; (2) a decrease in salary paid to an employee for a fixed period of time; or (3) loss of future accrual of paid vacation or administrative leave, floating holiday, or compensatory time off. Documents related to a reduction in pay shall become part of the employee’s personnel file.
A reduction in pay is subject to the discipline appeal procedures described below.
Employees who are exempt from the FLSA overtime requirements are not subject to pay reduction, except loss of future accrual of vacation, floating holiday, or administrative leave.
5. Demotion: A demotion is an involuntary movement of an employee from a position in one classification to a different position in another classification having a lower salary schedule and is typically applicable for employees who are unable to maintain satisfactory work performance in their job. A demotion will not be issued without the consent of the City Manager. No employee shall be demoted to a position for which they do not possess the minimum qualifications. The employee shall receive a copy of the written notice of demotion and documentation that the demotion was discussed with the employee. Documents related to a demotion shall become part of the employee’s personnel file. A demotion is subject to the discipline appeal procedures described below.
6. Dismissal: An employee may be dismissed from City employment for any of the reasons listed below.
i. During or at the end of the employee's probationary period. ii. As a result of disciplinary action.
iii. Due to loss of skills, certifications or other conditions which would make the employee unfit for service.
iv. If the employee has a physical or mental impairment that prevents the employee from performing the required duties of the employee's position and
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the employee cannot be reasonably accommodated. Dismissal must be supported by medical evidence which establishes that the individual is unable to perform bona fide job requirements. The City may require an examination at its expense performed by a physician of its choice. Failure to submit to such request may result in dismissal.
v. Whenever the City Manager determines to make changes deemed to be in the best interest of the City such as non-disciplinary layoffs or service reductions.
7. Administrative Leave: Administrative leave with pay, may be utilized by the City Manager pending the results of an investigation or disciplinary action if the City Manager determines that factors such as, but not limited to, public confidence, potential impairment on an investigation, the safety of the employee or the efficient functioning of the City warrant such a suspension.
Based on individual circumstances and/or the nature or severity of an alleged violation, the steps listed above in the progressive discipline chain may be repeated or, where warranted by the nature or severity of the alleged misconduct, bypassed entirely. Any employee disciplined by a suspension or greater is entitled to the discipline appeal procedures described below.
C. Discipline Procedures
The following discipline procedures only apply to full-time non-probationary employees in the City’s competitive service. All employees other than full-time non-probationary employees in the City’s competitive service (namely probationary, regular part-time, part-time hourly, temporary employees and at-will employees), may be disciplined or separated at will, with or without cause, and without the disciplinary procedures listed below. The following discipline procedures apply only to suspension without pay, reduction in pay, demotion, or dismissal.
Any time limits specified in this Section may be waived by mutual agreement of both parties, in writing. As used in this section, the term “working days” shall mean Monday-Friday, excluding any City recognized holidays.
1. “Skelly” Notice of Intended Disciplinary Action to Employee: A written notice of the intended disciplinary action shall be given to the employee and to their representative if the employee has requested a representative in the discipline matter, at least five (5) days before any discipline may be imposed, which will include the following information:
i. The level of the intended discipline;
ii. The specific charges upon which the intended discipline is based; iii. A summary of facts upon which the charges are based; iv. A copy of all materials upon which the intended discipline is based; v. Notice of the employee’s right to respond within five (5) calendar days from the date of the notice, either by requesting a Skelly conference, or by providing a
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written response, or both;
vi. Notice of the employee’s right to have a representative of their choice at the Skelly conference; and
vii. Notice that failure to respond by the time specified constitutes a waiver of the right to respond prior to final discipline being imposed.
2. Response by Employee and Skelly Conference: If the employee requests a Skelly conference, the conference must be scheduled at least seven (7) calendar days after the date of the Notice. The conference will be an informal meeting with the Department Director, at which the employee has an opportunity to rebut the charges against them and present any mitigating circumstances. The Department Director will consider the employee’s presentation before any final disciplinary action. The employee’s failure to attend the conference, or to deliver a written response by the date specified in the Skelly notice, is a waiver of the right to respond, and the intended disciplinary action will be imposed on the date specified in the notice. Employees shall have the right to be represented at this conference by their Union or by a representative of their choosing upon request.
3. Final Notice of Discipline: After the Skelly conference and/or timely receipt of the employee’s written response, the Department Director will: (1) take no disciplinary action; (2) modify the intended discipline; or (3) impose the intended disciplinary action. In any case, the Department Director will provide the employee and their representative if applicable, with a notice that contains the following:
i. The level of discipline, if any, to be imposed and the effective date of the discipline;
ii. The specific charges upon which the discipline is based; iii. A summary of the facts upon which the discipline is based; iv. A copy of all materials upon which the discipline is based; and v. A reference to the employee’s appeal right and deadline to appeal.
4. Delivery of the Final Notice of Discipline: The final notice of discipline will be sent by mail method that verifies delivery to the last known address of the employee or delivered to the employee in person, and a courtesy copy will be provided to their representative. If the notice is not deliverable because the employee has moved without notifying the City or the employee refuses to accept delivery, the effective date of discipline will be the date the post office or delivery service attempted delivery.
D. Request for Disciplinary Appeal Hearing
An employee, or their representative, may submit a written request for appeal to the City Manager within ten (10) days from: (1) receipt of the final notice of discipline; or (2) the date of attempted delivery by the post office or delivery service of the notice to the last known
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address of the employee. Failure to file a timely written request for an appeal waives the right to an appeal hearing and any appeal of the discipline.
1. Appeal Hearing Officer: The appeal hearing officer shall be the City Manager or an individual designated by the City Manager.
2. Date and Time of the Appeal Hearing: Once the appeal hearing officer has been designated, the hearing officer will set a date for an appeal hearing. The employee shall be notified in writing at least twenty-one (21) days prior to the hearing of the scheduled date.
3. Prehearing Notice of Witnesses and Evidence: No later than ten (10) days before the hearing date, each party will provide the other and the appeal hearing officer a list of all witnesses to be called (except rebuttal witnesses), and a copy of all evidence (except rebuttal evidence) to be submitted at the hearing. The City will use numbers to identify its evidence; the employee will use alphabet letters. Neither party will be permitted to call any witness or evidence that has not been listed, unless that party can show that the party could not have reasonably anticipated the need for the witness or exhibit.
4. Witness Attendance: The City has no authority to issue subpoenas in disciplinary matters. Each party is responsible for attendance of their proposed witnesses. City employees, however, who are requested by either party to testify during working hours will be directed by the City to appear and shall be released with pay to appear at the hearing. City employees who are directed to testify during non-working hours will be compensated for the time they actually spend testifying.
5. Continuances: The appeal hearing officer may continue a scheduled hearing only upon good cause shown.
6. Record of the Appeal Hearing: The hearing shall be recorded, either electronically or by a court reporter, at the option of the City. If the City orders a transcript or makes a transcript of the recording, the City will notify the employee within three days of ordering or making the transcript, and will provide a copy of the transcript to the employee at no cost to the employee.
7. Employee Appearance: The employee must appear personally before the hearing officer at the time and place set for the hearing. The employee may be represented by any representative they may select.
E. Conduct of the Hearing
1. Sworn Testimony: All witnesses shall be sworn in prior to testifying. The hearing officer or court reporter shall request each witness to raise their hand and respond to the following: “Do you swear (or affirm) that the testimony that you are about to give is the truth, the whole truth, and nothing but the truth?”
2. Evidence: Hearings need not be conducted according to technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner that the hearing
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officer decides is the most conducive to determining the truth. The rules dealing with privileges shall be effective to the same extent that they are recognized in civil actions.
Irrelevant or unduly repetitious evidence may be excluded. The appeal hearing officer shall determine the relevance, weight and credibility of testimony and evidence.
3. Exclusion of Witnesses: During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing.
4. Burden of Proof: The City has the burden of proof by the preponderance of the evidence.
5. Authority of Hearing Officer: The appeal hearing officer shall not have the power to alter, amend, change, add to, or subtract from any of the terms of this Article.
6. Presentation of the Case: The parties will address their remarks, evidence, and objections to the appeal hearing officer. The appeal hearing officer may terminate argument at any time and issue a ruling regarding an objection or any other matter.
The appeal hearing officer may limit redundant or irrelevant testimony, or directly question the witness. The hearing will proceed in the following order unless the appeal hearing officer directs otherwise:
i. The City is permitted to make an opening statement;
ii. The employee and/or their representative is permitted to make an opening statement;
iii. The City will produce its evidence;
iv. The employee will produce its evidence
v. The City, followed by the employee, may present rebuttal evidence; and vi. Oral closing arguments of no more than twenty (20) minutes may be permitted at the discretion of the appeal hearing officer. The City argues first, the employee argues second, and if the City reserved a portion of its time for rebuttal, the City may present a rebuttal.
7. Written Briefs: Either party may request to submit a written brief and/or a draft decision. The appeal hearing officer will determine whether to allow written briefs or draft decisions, the deadline for submitting briefs, and the page limit for briefs.
F. Appeal Hearing Decision
Within thirty (30) days of the conclusion of the hearing, the appeal hearing officer shall make written findings and a decision as to the discipline, which shall be final and binding.
The City will mail a copy of the final written findings and decision, along with a proof of service of mailing that confirms that each of the parties and each of the parties’ representatives were mailed the final written findings and decision. It shall be the responsibility of the employee to
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inform the City of their address. A copy of the decision shall also be provided to Human Resources.
Any legal action to challenge any decision of the hearing officer must be filed in a court of competent jurisdiction no later than ninety (90) days following the date the hearing officer’s written decision becomes final as provided in California Code of Civil Procedure Section 1094.6.
SECTION 18. PAYROLL DEDUCTIONS
On each bi-weekly payroll and in such form as the Administrative Services Director may determine, the Finance division is authorized and directed to deduct and withhold from the salary paid to each officer or employee of the City:
A. The minimum amount required by Federal Law for income tax purposes and to make payment thereof to the United States as required by law.
B. The minimum amount required by State Law for income tax purposes and to make payment to the State of California as required by law (Res. No. 76-57, July 13, 1976).
Any officers or employees may authorize the Administrative Services Director or designated staff to make deductions from their salaries to be paid to: 1) the carrier(s) of the City’s health insurance program(s); 2) a charitable organization; 3) a financial institution, such as a credit union; 4) any other legitimate organization of the employees’ collective choice. When so authorized by the employees, the Administrative Services Director or designated staff may make such deductions from the employees’ salaries and pay the amounts designated to the appropriate organization.
PASSED, APPROVED AND ADOPTED this 10th, day of June, 2025. _________________________________
Emmett G. Badar, Mayor
ATTEST:
_____________________________
Debra Black, City Clerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )§
CITY OF SAN DIMAS )
I, DEBRA BLACK, CITY CLERK of the City of San Dimas, California, do hereby certify that the foregoing is a full, true and correct copy of Resolution 2025-34. It was duly adopted and passed at a regular meeting of the San Dimas City Council on the 10th, day of June, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Debra Black, City Clerk
ATTACHMENT 4
RESOLUTION 2025-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF
LOS ANGELES, ADOPTING UPDATED CITYWIDE PAY SCHEDULES FOR ALL CITY
OFFICERS AND EMPLOYEES AND REPLACING AND SUPERSEDING ALL PRIOR
RESOLUTIONS PERTAINING THERETO
WHEREAS, Section 36506 of the California Government Code requires that the City Council fix the compensation of all appointive officers and employees by resolution or ordinance; and
WHEREAS, Section 2.08.030 of The San Dimas Municipal Code requires that the City Council fix the compensation of all officers and employees of the City by resolution; and WHEREAS, the City of San Dimas contracts with the California Public Employees' Retirement System ("CalPERS") to provide retirement benefits for its employees; and WHEREAS, California Code of Regulations (CCR), Title 2, Section 570.5 requires governing bodies of local agencies contracting with CalPERS to approve and adopt a publicly available pay schedule in accordance with public meeting laws where the pay schedule must identify each position by title, the individual pay rate amount or ranges for that position, and the time base upon which the amounts are based; and
WHEREAS, the City Council of the City now desires to approve and adopt an updated resolution fixing the publicly available pay schedule for all officers and employees of the City in accordance with the requirements of Section 36506 of the California Government Code, Section
2.08.030 of The San Dimas Municipal Code and California Code of Regulations, Title 2, Section 570.5.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas hereby resolve that:
SECTION 1. That the Fiscal Year 2025-26 Citywide Compensation Pay Plan contained herein is hereby approved and adopted in accordance with the requirements of Section 36506 of the California Government Code, Section 2.08.030 of The San Dimas Municipal Code, and California Code of Regulations, Title 2, Section 570.5.
SECTION 2. That the Fiscal Year 2025-26 Citywide Compensation Pay Plan contained herein shall be effective the pay period commencing June 22, 2025 and paid July 10, 2025.
SECTION 3. This resolution shall supersede and replace all previously adopted Salary and/or Pay Schedules in prior memorandums of understanding or pay/salary resolutions.
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CITYWIDE COMPENSATION PLAN FY 2025-26
Effective 7/1/25
FULL-TIME CLASSIFICATIONS RANGE MINIMUM MAXIMUM
Departmental Assistant 53 $26.04/hr. $31.65/hr.
Facilities Maintenance Worker I
Landscape Maintenance Worker I
Street Maintenance Worker I
55 $27.36/hr. $33.25/hr.
Accounting Technician
Administrative Assistant
City Clerk Specialist
Office Coordinator
57 $28.74/hr. $34.94/hr.
Building Permit Technician I
Equipment Mechanic
Facilities Maintenance Worker II
Landscape Maintenance Worker II
Street Maintenance Worker II
59 $30.20/hr. $36.71/hr.
Equipment Operator 60 $30.95/hr. $37.62/hr.
Building Permit Technician II
Code Compliance Officer
Management Aide
Recreation Coordinator
63 $33.33/hr. $40.52/hr.
Housing Services Coordinator 66 $35.90/hr. $43.63/hr.
Assistant Planner* 67 $6,378/mth. $7,752/mth.
Human Resources Analyst
Management Analyst 68 $37.71/hr. $45.84/hr.
Building Inspector I
Code Compliance Supervisor
Public Works Inspector
Public Works Maintenance Supervisor
71 $40.61/hr. $49.37/hr.
Recreation Supervisor 72 $41.63/hr. $50.60/hr.
Associate Planner* $7,396/mth. $8,990/mth.
IS/GIS Analyst 73 $42.67/hr. $51.87/hr.
Assistant Engineer
Landscape Maintenance Supervisor
74 $43.74/hr. $53.16/hr.
Building Inspector II 75 $43.93/hr. $53.39/hr.
Facilities Maintenance Supervisor 77 $46.15/hr. $56.10/hr.
Senior Management Analyst* 78 $8,199/mth. $9,966/mth.
Accounting Supervisor
Senior Building Inspector 79 $48.49/hr. $58.94/hr.
Associate Engineer*
Senior Planner*
80 $8,614/mth. $10,471/mth.
Housing Manager * 85 $9,746/mth. $11,847/mth.
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City Clerk*
Facilities Maintenance Manager*
86 $9,990/mth. $12,143/mth.
Information Systems Manager* 87 $10,240/mth. $12,447/mth.
Landscape Maintenance Manager*
Public Works Maintenance Manager* 88 $10,496/mth. $12,758/mth.
Engineering Manager*
Planning Manager*
Recreation Manager*
89 $10,758/mth. $13,077/mth.
Building & Safety Manager* 90 $11,027/mth. $13,404/mth.
Human Resources Manager* 92 $11,585/mth. $14,082/mth.
Parks & Recreation Director* 101 $14,469/mth. $17,587/mth.
Public Works Director* 102 $14,830/mth. $18,026/mth.
Community Development Director* 103 $15,201/mth. $18,477/mth.
Administrative Services Director* 104 $15,581/mth. $18,939/mth.
Assistant City Manager* 108 $17,199/mth. $20,905/mth.
City Manager* CM $24,949/mth.
*Exempt positions are not subject to the Fair Labor Standards Acts’ (FLSA) regular rate of pay requirements.
REGULAR PART-TIME
CLASSIFICATIONS RANGE MINIMUM MAXIMUM
Recreation Leader 129 $17.39/hr. $21.18/hr.
Building Maintenance Aide
Senior Recreation Leader
133 $19.20/hr. $23.38/hr.
Recreation Specialist 135 $20.17/hr. $24.56/hr.
Intern
Shooting Stars Director 142 $23.98/hr. $29.20/hr.
Supervising Lifeguard 146 $26.47/hr. $32.22/hr.
Parking Enforcement Officer I 152 $30.69/hr. $37.38/hr.
Parking Enforcement Officer II 155 $33.05/hr. $40.25/hr.
Management Analyst 68 $37.71/hr. $45.84/hr.
PART-TIME CLASSIFICATIONS RANGE MINIMUM MAXIMUM
Lifeguard 133 $19.20/hr. $23.38/hr.
Water Safety Instructor 135 $20.17/hr. $24.56/hr.
Instructor
Senior Lifeguard 139 $22.27/hr. $27.11/hr.
Senior Office Assistant 144 $25.19/hr. $30.67/hr.
Program Instructor 151 $30.23/hr. $36.81/hr.
Pool Operator 152 $30.69/hr. $37.38/hr.
Management Aide 155 $33.05/hr. $40.25/hr.
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PASSED, APPROVED AND ADOPTED this 10th day of June, 2025. _________________________________
Emmett G. Badar, Mayor
ATTEST:
_____________________________
Debra Black, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )§
CITY OF SAN DIMAS )
I, DEBRA BLACK, CITY CLERK of the City of San Dimas, California, do hereby certify that the foregoing is a full, true and correct copy of Resolution 2025-35. It was duly adopted and passed at a regular meeting of the San Dimas City Council on the10th, day of June, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Debra Black, City Clerk
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of June 10, 2025
From: Brad McKinney, City Manager
Prepared by: Genevieve Amaro, Management Aide
Subject: Adopt Resolution 2025-36, Authorizing Submission and Adoption of a 2025-26 List of Projects Funded by Senate Bill 1, Road Maintenance and Rehabilitation Act of 2017
____________________________________________________________________________
SUMMARY
On April 28, 2017, the Governor signed Senate Bill 1(SB1), which is known as the Road Repair and Accountability Act of 2017 (SB1). SB1 was passed by the legislation as a means of providing additional funding for road maintenance, rehabilitation, and critical safety upgrades for State Highways, Local Streets, and Road Systems. SB1 increases the per gallon fuel excise taxes, diesel fuel excise taxes, and vehicle registration fees and provides for adjustments for inflation in future years.
This Bill created the Road Maintenance and Rehabilitation Act (RMRA). Prior to receiving any RMRA funds for any fiscal year, the City must submit an annual listing to the California Transportation Commission (CTC) of projects to be funded with RMRA funds. The deadline for project submission is July 1, 2025, for Fiscal Year 2025-26. San Dimas is anticipating receiving approximately $942,557 for FY2025-26. This amount in conjunction with funds from previous years will be enough to fund several projects. Any additional funds needed for project completion will be appropriated from other funding sources.
RECOMMENDATION
City staff recommends that City Council consider the following as it relates to the Road Repair and Accountability Act, Senate Bill 1 (SB1), and the RMRA funding:
1. Approve the projects proposed for SB 1/Road Maintenance and Rehabilitation Act funding, and
2. Adopt Resolution 2025-36 authorizing the approved list of projects to be submitted to the California Transportation Committee for SB 1/ Road Maintenance and Rehabilitation Act funds.
Approve Resolution 2025-36 Authorizing Submission and Adoption of a 2025-26 List of Projects Funded by Senate Bill 1, Road Maintenance and Rehabilitation Act of 2017 Page 2 For the Meeting of June 10, 2025
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GOVERNMENT CODE §84308 APPLIES:
https://leginfo.legislature.ca.gov
No
FISCAL IMPACT
The proposed projects will use an estimated $1.5 million in RMRA funds, which have been accrued in previous years leaving a balance at the end of the year of approximately $397,000 in this restricted fund. The proposed streets are showing excessive wear and need extensive repairs. Repairing these streets will reduce the future maintenance cost required and will provide an aesthetically pleasing smooth street surface to the City’s residents. Due to the size of the projects, the RMRA funds will only provide partial funding for the repairs. The remaining funding will be provided by other restricted funds such as the Gas Tax or Measure M. The budgets for these projects will be presented for approval in the FY 2025-26 budget.
Below are projects identified by Staff as applicable projects to receive SB1/RMRA funding. Please note that the projects will not be completely funded by RMRA monies. Other restricted funds will be used to fill funding gaps. The complete funding for these projects will be presented for Council approval with the FY 2025-26 budget.
Project
Name/Location Description
Estimated Start
and Completion
Date Month/Year
Estimated Useful
Life of Project
(Years)
Monte Vista Ave from
First St to Gladstone
Ave
Repaving Monte
Vista Avenue from
First Street to
Gladstone Street.
5/26-7/26 20-30 years
Avenida Loma Vista
and Avenida Monte
Vista
Repaving Avenida
Loma Vista from San
Dimas Avenue to Via
Canada and Avenida
Monte Vista from
Avenida Loma Vista
to Puente Street
6/26-8/26 20-30 years
San Dimas Canyon
Road Design north of
Foothill Blvd to
Terrebonne
Design of pavement
rehabilitation and
striping
improvements on
San Dimas Canyon
Road from Foothill
Blvd north to
Terrebonne Ave
7/25-7/26 20-30 years
Approve Resolution 2025-36 Authorizing Submission and Adoption of a 2025-26 List of Projects Funded by Senate Bill 1, Road Maintenance and Rehabilitation Act of 2017 Page 3 For the Meeting of June 10, 2025
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The following previously proposed and adopted projects may also utilize Fiscal Year 2025-26 Road Maintenance and Rehabilitation Account revenues in their delivery.
Project
Name/Location
Description Estimated Start and
Completion Date
Month/Year
Estimated Useful
Life of Project
(Years)
Cataract/Dalepark Removal and
replacement of
pavement sections
and concrete repairs
5/25-7/26 20-30 years
Fifth Street east of
San Dimas Ave to
Walnut, Belleview
(Fifth to Gladstone),
Smead, Hallock
Rehabilitation of
existing street with
overlay asphalt
concrete base and
cap
9/25-10/25 20-30 years
Bonita Avenue
Corridor (San Dimas
Avenue- City Limit)
Rehabilitation of
existing street with
overlay asphalt
concrete base and
cap
6/25-7/26 20-30 years
BACKGROUND
The Road Repair and Accountability Act of 2017, Senate Bill (SB 1), approved in April 2017, provides local agencies with revenue restricted for use on Road and Transportation projects but includes “reasonable reforms to ensure efficiency, accountability, performance from each dollar invested to improve California’s transportation system” (SB 1). This Bill created the RMRA and the Road Maintenance and Rehabilitation Program. In addition, programs funded by this bill include the Local Partnership Program, the Active Transportation Program, the State Highway Operation and Protection Program (SHOPP), and Local Streets and Roads Apportionments.
SENATE BILL 1
Senate Bill 1 is an investment in California’s transportation systems in the amount of about $1.5 billion per year through funding from the taxes outlined below:
• A 12¢ per gallon increase to the gasoline excise tax, effective November 1, 2017 • A 20¢ per gallon increase to the diesel fuel excise tax, effective November 1, 2017 • A new $25-$175 vehicle registration fee, based on the market value of the vehicle, effective January 1, 2018
• An additional new $100 vehicle registration fee on zero-emission vehicles model year 2020 and later, effective July 1, 2020
All taxes will be adjusted annually based on the Consumer Price Index.
The funds generated by SB1 will be used for projects that include, but are not limited to, the following:
• Road maintenance and rehabilitation
• Safety projects
Approve Resolution 2025-36 Authorizing Submission and Adoption of a 2025-26 List of Projects Funded by Senate Bill 1, Road Maintenance and Rehabilitation Act of 2017 Page 4 For the Meeting of June 10, 2025
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• Railroad grade separations
• Complete street components, including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and storm water capture projects in conjunction with any other allowable project • Traffic control devices
SB1 specifies the annual allocation of funds for a number of transportation programs listed in the bill. The remaining RMRA revenues, will be split 50/50 between the state highway and local streets maintenance and rehabilitation. SB1 continuously appropriates the RMRA revenues to cities and counties using the same formula that applies to the existing base 18¢ per gallon gasoline excise tax.
In order to receive SB1 funding, the City must comply with all relevant federal and state laws, regulations, policies, and procedures. The funding prerequisites have been codified in the Streets and Highway Code (SHC) and include the following:
• The City must submit a list of projects that have been adopted in the fiscal year’s budget at a regular public meeting to the California Transportation Commission (CTC). • The list of projects must include a description and location of each proposed project, a proposed schedule for the project’s completion (year/quarter is adequate), and the estimated useful life of the project.
• For each fiscal year in which RMRA funds are received and expended, the City must submit documentation to the CTC that includes a description and location of each completed project, by May 1, including the amount of funds expended on the project, the completion date, and the estimated useful life of the improvement. • The City may spend its apportionment of RMRA funds on transportation priorities other than priorities outlined in SHC 2030(b) if the city or county’s average Pavement Condition Index (PCI) meets or exceeds 80.
• Agencies receiving RMRA Funds are required to sustain a Maintenance of Effort (MOE) by spending at least, the annual average of its General Fund expenditures during the 2009-10, 2010-11, and 2011-12 fiscal years for street, road, and highway repairs from the City’s General Fund.
MAINTENANCE OF EFFORT (MOE)
Agencies receiving RMRA Funds are required to sustain a Maintenance of Effort (MOE) by spending at least the annual average of its General Fund expenditures during the 2009-10, 2010-11, and 2011-12 fiscal years for street, road, and highway repairs from the City’s General Fund. San Dimas’ MOE requirement has been confirmed by the State Controller’s Office, and it is estimated to be approximately $ 2,100,463 annually. Additional requirements regarding development, project signage, and repainting are required as part of the program guidelines and development. The City’s proposed budget for FY 2025-26 for roadway repairs well exceeds the required MOE expenditure.
DISCUSSION/ANALYSIS
The City may submit any number of projects to the California Transportation Committee (CTC) for SB1 funding, in planning for FY 2025-26. Staff seeks Council approval to submit the projects listed in the table above.
Approve Resolution 2025-36 Authorizing Submission and Adoption of a 2025-26 List of Projects Funded by Senate Bill 1, Road Maintenance and Rehabilitation Act of 2017 Page 5 For the Meeting of June 10, 2025
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Funding will only be provided for projects on the CTC approved project list, which must be submitted to the CTC by July 1, 2025. The CTC will then submit the list of approved projects to the State Controller’s Office in August 2025, and appropriations are scheduled to be distributed in January 2026. At this time, the 2025-26 SB1 allocation amount for the City of San Dimas is estimated to be $942,557.
To ensure that the City is on the initial eligibility list to receive the vital RMRA funds, Staff has reviewed the current street conditions to identify a list of projects that can be constructed by June 2026 and satisfy the SB1 funding requirements.
ALTERNATIVES
Council may elect not to approve the Resolution. Council can approve a modified resolution with changes to the project listing. Failure to submit an approved resolution by July 1st could result in the loss of this year’s fiscal allotment of funds ($942,557).
ENVIRONMENTAL REVIEW
This item is not subject to environmental review under the California Environmental Quality Act CEQA). Under CEQA Guidelines Section 15378(b)(5), continued administrative activities and organization activities that will not result in a direct or indirect physical change in the environment are not CEQA projects. The adoption of Resolution 2025-36 SB1 Funds RMRA project list for FY 2025-26 are organizational activities of the government which involves the fiscal activities, as such, this item is not a CEQA project. Even if it was determined to be a CEQA project, pursuant to CEQA Guidelines Section 15061(b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.
Respectfully submitted,
Genevieve Amaro
Management Aide
Attachments:
1. Resolution 2025-36, List of SB1 RMRA FY 2025-26
ATTACHMENT 1
RESOLUTION 2025-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,
COUNTY OF LOS ANGELES, CALIFORNIA, AUTHORIZING SUBMISSION AND ADOPTION OF A LIST OF PROJECTS IN FISCAL YEAR 2025-2026 FUNDED BY SENATE BILL 1, ROAD MAINTENANCE AND REHABILITATION ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvements; and WHEREAS, the City of San Dimas, will receive an estimated $942,557 in RMRA funding in Fiscal Year 2025-2026 from SB 1; and
WHEREAS, this is the ninth year in which the City of San Dimas is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing mobility options for the traveling public that otherwise would not have been possible without SB; and
WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate six or more streets this year and similar projects in the future; and all projects proposed to receive funding must be included in the budget adopted by the City Council at a regular public meeting; and WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in an “excellent/good/at-risk/poor” condition and this revenue will help us increase the overall quality of or road system and over the next decade will help bring our streets and roads into a good condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety using current technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE IT IS HEREBY RESOLVED, that the City Council of the City of San Dimas does hereby resolve and authorizes as follows:
SECTION 1. The foregoing recitals are true and correct.
Resolution 2025-36 Page 2
SB1/ RMRA Funds FY25-26
June 10, 2025
SECTION 2. The following list of proposed projects will be funded in-part or solely with fiscal year 2025-2026 Road Maintenance and Rehabilitation Account revenues:
Project Title/Location Description
Estimated
StartCompletion
Month/Year
Estimated
Useful Life of
Project
(Years)
Monte Vista Ave from First St
to Gladstone Ave
Repaving Monte Vista
Avenue from First Street to
Gladstone Street.
5/26-7/26 20-30 years
Avenida Loma Vista and
Avenida Monte Vista
Repaving Avenida Loma
Vista from San Dimas
Avenue to Via Canada and
Avenida Monte Vista from
Avenida Loma Vista to
Puente Street
6/26-8/26 20-30 years
San Dimas Canyon Road
Design north of Foothill Blvd to
Terrebonne
Design of pavement
rehabilitation and striping
improvements on San Dimas
Canyon Road from Foothill
Blvd north to Terrebonne Ave
7/25-7/26 20-30 years
SECTION 3. The following previously proposed and adopted projects may also utilize Fiscal Year 2025-26 Road Maintenance and Rehabilitation Account revenues in their delivery.
With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
Project Title/Location Description
Estimated
StartCompletion
Month/Year
Estimated
Useful Life of
Project
(Years)
Cataract/Dalepark
Removal and replacement of
pavement sections and
concrete repairs
5/25-7/26 20-30 years
Fifth Street east of San Dimas
Ave to Walnut, Belleview (Fifth
to Gladstone), Smead, Hallock
Rehabilitation of existing
street with overlay asphalt
concrete base and cap
9/25-10/25 20-30 years
Bonita Avenue Corridor (San
Dimas Avenue- City Limit)
Rehabilitation of existing
street with overlay asphalt
concrete base and cap
6/25-7/26 20-30 years
Resolution 2025-36 Page 3
SB1/ RMRA Funds FY25-26
June 10, 2025
PASSED, APPROVED AND ADOPTED this 10th day of June, 2025. _________________________________
Emmett G. Badar, Mayor
ATTEST:
_____________________________
Debra Black, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )§
CITY OF SAN DIMAS )
I, DEBRA BLACK, CITY CLERK of the City of San Dimas, California, do hereby certify that the foregoing is a full, true and correct copy of Resolution 2025-36. It was duly adopted and passed at a regular meeting of the San Dimas City Council on the 10th, day of June, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Debra Black, City Clerk
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of June 10, 2025
From: Brad McKinney, City Manager
Prepared by: Grant Garcia, Management Analyst
Subject: Approve a Contract Extension for Maintenance Contract No. 2018-05 Annual Concrete Maintenance Contract for Two Additional Years with Grigolla & Sons Construction Co. for an Amount not to exceed $600,000 ($300,000 per year). ____________________________________________________________________________
SUMMARY
The City’s annual concrete maintenance contract is scheduled to expire June 30, 2025. This contract was originally awarded through a competitive bid process in 2018 to Grigolla & Sons Construction (Grigolla). Staff recommends a two-year extension to the existing contract.
Grigolla has agreed to maintain the existing contract terms, including annual Consumer Price Index (CPI) adjustments.
RECOMMENDATION
Staff recommends the City Council:
• Approve a two-year extension of Maintenance Contract 2018-05 Annual Concrete Maintenance with Grigolla & Sons Construction Co. to June 30, 2027, in an amount not to exceed $600,000 ($300,000 per year).
GOVERNMENT CODE §84308 APPLIES:
https://leginfo.legislature.ca.gov
No
FISCAL IMPACT
The current contract limit for Maintenance Contract 2018-05 is in an amount not to exceed $300,000 annually. The contract is budgeted each year under accounts for comprehensive sidewalk evaluation, hazardous sidewalk repair, and citywide pavement maintenance.
Approve a Contract Extension for Maintenance Contract No. 2018-05 Annual Concrete for Two Additional Years with Grigolla & Sons Construction Co. Page 2 For the Meeting of June 10, 2025
BACKGROUND
On September 11, 2018, the City Council awarded Maintenance Contract 2018-05 (MC 2018-05) for Annual Concrete Maintenance Services to Grigolla & Sons Construction Co. (Grigolla) as the lowest responsible bidder through a public bid process. The contract allows for a maximum sixyear term, with the current term from July 1, 2023, to June 30, 2025. The contract is structured in two-year terms and has been renewed accordingly, with annual CPI adjustments. Under Section
4.2 of the agreement, the City Manager is authorized to extend the contract with City Council approval. Grigolla has expressed interest in continuing service for an additional two years, and staff finds the existing terms and pricing advantageous to the City.
Extending the contract through June 30, 2027, would result in an estimated cost savings of $10,000 in administrative and noticing costs associated with a new bid process. Additionally, issuing a new bid may result in higher pricing than the current contract.
DISCUSSION/ANALYSIS
Annual Concrete Maintenance Program Overview:
The City’s annual Concrete Maintenance Program includes curb and gutter replacements, sidewalk panel replacements, driveway approaches, and the construction of Americans with Disabilities Act (ADA) compliant curb ramps. Concrete infrastructure is regularly inspected through the City’s inspection program, with deficiencies documented and scheduled for repair.
The inspections are intended to eliminate trip hazards to ensure ongoing compliance with ADA.
This in turn supports a more walkable community and reduces the City’s liability for trip and fall claims.
At the November 28, 2023, City Council meeting, Council approved an increase to the contract budget for MC 2018-05 from $115,000 to $300,000. The increase enabled staff to expand inspection frequency from 1/7 of the City annually to 1/4. This allows for more proactive and efficient maintenance across the City.
In addition to Public Works, other departments such as Housing and Parks & Recreation have utilized Grigolla’s services to address concrete repairs at City owned parks and facilities. Grigolla is based in San Dimas, delivers high-quality work, and continues to offer competitive pricing relative to industry standards. See Attachment 3 for a summary of pricing over the course of the agreement.
ALTERNATIVES
The City Council may choose not to extend Contract MC 2018-05, in which case staff would initiate a formal public bid process. Following the completion of the bid process, staff would return to the City Council with a recommendation for contract award at a future meeting.
ENVIRONMENTAL REVIEW
Approve a Contract Extension for Maintenance Contract No. 2018-05 Annual Concrete for Two Additional Years with Grigolla & Sons Construction Co. Page 3 For the Meeting of June 10, 2025
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.
Respectfully submitted,
Grant Garcia
Management Analyst
Attachments:
1. Executed Maintenance Contract 2018-05
2. Grigolla & Sons Construction Co. Letter Request
3. Grigolla Schedule of Prices
ATTACHMENT 1
ATTACHMENT 2
ATTACHMENT 3
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of June 10, 2025
From: Brad McKinney, City Manager
Prepared by: Grant Garcia, Management Analyst
Subject: Approve a Contract Extension for Maintenance Contract No. 2017-01 Street Sweeping Services for Two Additional Years with Sweeping Corp of America in the Amount of $237,888.59.
____________________________________________________________________________
SUMMARY
The City’s street sweeping contract is scheduled to expire June 30, 2025. This contract was originally awarded through a competitive bid process in 2017 to R.F. Dickson Sweeping. In July 2022, Sweeping Corp of America (SCA) acquired R.F. Dickson and took over all sweeping operations. Staff recommends that Council extend the Street Sweeping Contract with Sweeping Corp of America based on the contractor’s performance and willingness to continue service. SCA has agreed to the continue services under the existing terms, including annual Consumer Price Index (CPI) adjustments.
RECOMMENDATION
Staff recommends the City Council:
• Approve a two-year extension of Maintenance Contract 201701 Street Sweeping Services with Sweeping Corp of America to June 30, 2027.
GOVERNMENT CODE §84308 APPLIES:
https://leginfo.legislature.ca.gov
Yes
FISCAL IMPACT
Maintenance Contract 2017-01 (MC 2017-01) is budgeted each fiscal year under the ‘Contract Street Sweeping’ account 001.4341.020.008. For Fiscal Year 2024-25, the budgeted amount was $230,959.79. If Council elects to approve a contract extension, a 3% CPI adjustment would be made for Fiscal Year 2025-26 for a total amount of $237,888.59.
Approve a Contract Extension for Maintenance Contract No. 2017-01 Street Sweeping Services for Two Additional Years with Sweeping Corp of America. Page 2 For the Meeting of June 10, 2025
BACKGROUND
MC 2017-01 was awarded to R.F. Rickson Sweeping in 2017 following a competitive bid process.
In July 2022, Sweeping Corp of America (SCA) acquired R.F. Dickson and assumed all operations, continuing to provide services under the existing agreement. The contract has been renewed annually with CPI adjustments. The current agreement includes an 8-year term limit and allows for extensions under Section 4.3 with City Manager approval. SCA has expressed interest in continuing services and staff recommends extending the agreement through June 30, 2027.
Extending the contract would:
- Maintain current favorable pricing and service levels. - Provide savings of approximately $10,000 in administrative and noticing costs associated with a new bid process.
- Mitigate the risk of receiving higher-cost proposals through a formal bid.
The extension offers cost-effective continuity of service and operational efficiency for the City.
DISCUSSION/ANALYSIS
Street sweeping is vital in maintaining the City’s cleanliness and preventing storm water pollution by removing debris from the gutters and roadsides before it can enter the storm drain system.
The City is divided into nine street sweeping zones, with each zone swept bi-weekly (every other week) on a designated day. Certain streets with high-parking demand receive additional sweeping to ensure effectiveness. Annually, approximately 6,000 miles of roadway are swept across the City. Sweeping is conducted by SCA, who consistently responds to service inquiries and maintains regular communication with City staff.
Current Sweeping Schedule:
4:00 a.m. – Streets with medians
6:00 a.m. – Main and arterial streets
7:00 a.m. – Residential streets
ALTERNATIVES
The City Council may choose not to extend MC 2017-01, in which case staff would initiate a formal bid process. The results of that process, along with a recommendation for award, would be brought back to the City Council for consideration at a future meeting.
ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.
Respectfully submitted,
Grant Garcia
Management Analyst
Approve a Contract Extension for Maintenance Contract No. 2017-01 Street Sweeping Services for Two Additional Years with Sweeping Corp of America. Page 3 For the Meeting of June 10, 2025
Attachments:
1. Executed Maintenance Contract 2017-01
2. Sweeping Corp of America Letter Request
3. Street Sweeping Zones Map
4. Signed Levine Form
ATTACHMENT 1
ATTACHMENT 2
X
ATTACHMENT 4
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of June 10, 2025
From: Brad McKinney, City Manager
Prepared by: Anissa Livas, Sr. Management Analyst
Subject: Approve a Vendor Services Agreement with the San Dimas Chamber of Commerce to Provide Economic and Business Support Activities in an Amount not to Exceed $20,000
____________________________________________________________________________
SUMMARY
The City partners annually with the San Dimas Chamber of Commerce to support local economic development efforts. For FY 2025-26, the Chamber has requested an increase in funding to $20,000, up from $16,800 in the prior year.
RECOMMENDATION
City Staff recommends the City Council:
• Authorize the City Manager, or designee, to enter into a Vendor Services Agreement with the San Dimas Chamber of Commerce, in a form approved by the City Attorney, to provide Economic and Business Support Activities for the 2025-26 Fiscal Year in an amount not to exceed $20,000.
• Appropriate $20,000 in the City’s final Fiscal Year 2025-26 operating budget to support this agreement
GOVERNMENT CODE §84308 APPLIES:
https://leginfo.legislature.ca.gov
No
FISCAL IMPACT
Not to exceed $20,000. This reflects a $3,200 increase from the FY 2024-25 allocation of $16,800.
The City will need to appropriate the updated amount in the FY 2025-26 operating budget.
BACKGROUND
Approve Vendor Agreement with the San Dimas Chamber of Commerce Page 2 For the Meeting of June 10, 2025
Each year, the City of San Dimas establishes a partnership with the local Chamber of Commerce aimed at fostering economic growth and community engagement within the City. This partnership entails a formal agreement wherein the Chamber undertakes various initiatives to bolster the business environment and support community events in San Dimas.
The proposed action involves the approval of the upcoming agreement between the City and the Chamber, as outlined in Attachment 1, for Fiscal Year 2025-26.
DISCUSSION/ANALYSIS
The proposed agreement with the San Dimas Chamber of Commerce for FY 2025–26 maintains the same scope of services as previous years, focused on supporting the local business environment through outreach, referrals, business development, promotional programs, and City event coordination. These services include business owner training, networking events, new business assistance, and coordination on programs such as Shop Local and the State of the City.
For the upcoming fiscal year, the Chamber is requesting a funding increase from $16,800 to $20,000, a 19% increase, citing rising operational costs and noting that their funding level has held steady over the last five years. According to the Chamber, the proposed increase aligns with the cumulative Consumer Price Index (CPI) growth of approximately 19.7% over the past five years. The Chamber indicated the additional funding would help sustain their current level of service to the San Dimas business community amid increasing costs.
A letter from the Chamber outlining their request and justification for the proposed increase is included as Attachment 3.
ALTERNATIVES
Alternative #1 – The City can choose to not renew the agreement with the Chamber, resulting in reduced support for local businesses. This is not recommended, as staff believes the Chamber continues to provide strong value through its existing services.
Alternative #2 – The City could consider expanding internal staffing or contracting with other service providers to deliver similar business support services. However, staff does not believe this approach would be as cost-effective or efficient as the current agreement with the Chamber.
ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.
Respectfully submitted,
Anissa Livas
Sr. Management Analyst
Approve Vendor Agreement with the San Dimas Chamber of Commerce Page 3 For the Meeting of June 10, 2025
Attachments:
1. Chamber of Commerce Agreement FY 2025-26
2. Chamber of Commerce Agreement FY 2024-25
3. Chamber of Commerce Funding Request Letter FY 2025-26
VENDOR AGREEMENT
This vendor agreement (“Agreement”) is made and effective as of July 1, 2025 (the “Effective Date”), by and between the City of San Dimas (“Agency”), a municipal corporation, and the San Dimas Chamber of Commerce (“Vendor”).
RECITALS
Agency wishes to retain the services of an experienced and qualified Vendor to provide business, residential and economic development services within the City of San Dimas.
Vendor represents and warrants that it is qualified to perform those services.
AGREEMENT
I. SERVICES
Vendor will provide the work and services listed in the Scope of Services attached hereto as Exhibit A. Vendor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional, and satisfactory manner.
II. TERM
Unless terminated earlier as provided herein below, the Agreement will commence for the period starting July 1, 2025 and will continue in full force and through June 30, 2026.
III. COMPENSATION
A. Vendor’s Fee
For services rendered pursuant to this Agreement, Vendor will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B, provided, however, that in no event will the total amount of money paid to Vendor, for services initially contemplated by this Agreement, exceed the sum of twenty-thousand dollars ($20,000) (“Agreement Sum”), unless otherwise first approved in writing by Agency.
B. Schedule of Payment
Provided the Vendor is not in default under the terms of this Agreement, upon presentation of an invoice, Vendor will be paid the fees described as provided herein above. Payment will be due within thirty (30) days after the date of the invoice.
ATTACHMENT 1
IV. TERMINATION OF AGREEMENT
A. Agency may, at any time, for any reason, with or without cause, terminate this Agreement, or any portion hereof, by serving written notice of termination upon the Vendor at least thirty (30) days prior to the date of termination. Upon receipt of said notice, the Vendor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency terminates a portion of this Agreement, such termination shall not make void or invalidate the remainder of this Agreement. A partial termination may be the removal of a specific service or event listed in Exhibit A, in which reimbursement for such removed service or event will not occur unless in accordance with Section IV.B.
B. In the event this Agreement is terminated pursuant to this section, the Agency shall pay to Vendor the actual value of the work performed up to the time of termination, less any disputed amounts. Upon termination of the Agreement pursuant to this section, the Vendor will submit an invoice to the Agency as provided herein above.
V. FORCE MAJEURE
If either party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused for a period equal to the period of such cause for failure to perform.
VI. AGENCY REPRESENTATIVE
Agency’s City Manager shall represent Agency in all matters pertaining to the administration of this Agreement, with respect to the work and services specified in this Agreement and to make all decisions in connection with this Agreement.
Whenever approval, directions, or other actions are required by Agency under this Agreement, those actions will be taken by the Agency City Manager, unless otherwise stated. The Agency’s Chief Executive has the right to designate another Agency Representative at any time, by providing notice to Vendor.
VII. VENDOR REPRESENTATIVE(S)
Vendor’s Chief Executive Officer are designated as being the principal(s) and representative(s) of Vendor authorized to act on its behalf with respect to the work specified in this Agreement and make all decisions in connection with this Agreement. Vendor shall not change the designated representatives without prior written consent of the Agency.
VIII. BUSINESS LICENSE
The Vendor must obtain an Agency business license prior to the start of work under this Agreement unless Vendor is qualified for an exemption.
IX. OTHER LICENSES AND PERMITS
Vendor warrants that it has all professional, contracting, and other permits and licenses required to undertake the work contemplated by this Agreement. At any time additional licenses and/or permits are required to perform on the services provided under this Agreement, the Vendor agrees to procure such licenses and permits as part of the services agreed upon.
X. VENDOR’S RECORDS
Records of the Vendor’s time pertaining to the services and records of accounts between the Agency and the Vendor will be kept on a generally recognized accounting basis. Vendor will also maintain all other records, including without limitation invoices, correspondence, specifications, drawings, progress reports, and the like, relating to the Vendor’s services. All records will be available to Agency during normal working hours. Vendor will maintain these records for three (3) years after final payment.
XI. RETENTION OF FUNDS
Vendor authorizes Agency to deduct from any amount payable to Vendor (whether or not arising out of this Agreement) any amounts the payment of which may be in dispute or that are necessary to compensate Agency for any losses, costs, liabilities, or damages suffered by Agency, and all amounts for which Agency may be liable to third parties, by reason of Vendor’s acts or omissions in performing or failing to perform Vendor’s obligations under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Vendor, or any indebtedness exists that appears to be the basis for a claim, Agency may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of Agency to exercise the right to deduct or to withhold will not, however, affect the obligations of Vendor to insure, indemnify, and protect Agency as elsewhere provided in this Agreement.
XII. NON-LIABILITY OF AGENCY OFFICERS AND EMPLOYEES
No officer, employee or volunteer of Agency will be personally liable to Vendor, in the event of any default or breach by the Agency or for any amount that may become due to Vendor under this Agreement.
XIII. INDEPENDENT CONTRACTOR
A. Vendor is and shall at all times remain as to the Agency a wholly independent contractor. Vendor’s employees performing the services under this Agreement on behalf of Vendor shall at all times be under Vendor's exclusive direction and control. Neither Agency nor any of its officers, employees, or agents shall have control over the conduct of Vendor or any of Vendor's employees, except as set forth in this Agreement. Vendor shall not at any time or in any manner represent that it or any of its employees or agents are in any manner employees or agents of the Agency. Vendor shall not incur nor have the power to incur any debt, obligation, or liability whatsoever against Agency, or bind Agency in any manner.
B. No employee benefits shall be available to Vendor in connection with the performance of this Agreement. Except for the fees paid to Vendor as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Vendor and/or its employees for performing work or services hereunder for Agency. Agency shall not be liable for compensation or indemnification to Vendor for injury or sickness to its employee(s) arising out of performing work or services hereunder.
XIV. SUBCONTRACTORS
Before Vendor retains or hires a subcontractor to provide any work, labor, or services relative to this Agreement, Vendor must:
A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to Agency;
B. Present to the Agency the form of subcontract that will be used with the subcontractor for Agency’s approval, which approval will not be unreasonably withheld. Such subcontract agreement must include an indemnity agreement that is generally in accord with the indemnity obligations contained herein of this Agreement and must specifically name the Agency as an indemnified party; C. Secure from the subcontractor evidence of insurance coverage that meets with this Agreement including naming the Agency as an additional insured as required by this Agreement, unless such requirement is waived in writing by the Agency as provided herein below; and
D. For the purpose of this section, Agency and Vendor may agree if certain subcontractors, due to their limited or lack of involvement in executing obligations under this Agreement and who pose a mutually acceptable low risk, to modify requirements under this subsection. However, any subcontractor participating shall be subject to a mutually agreed upon written vendor agreement with Vendor or Agency that limits risk exposure to the Agency and Vendor.
XV. INDEMNIFICATION
Vendor agrees to indemnify the Agency, its officers, agents, volunteers, employees, and attorneys against, and will defend and hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or organization arising out of the negligent or wrongful acts, errors or omissions of Vendor, its agent, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder.
XVI. INSURANCE
Without limiting Vendor’s indemnification of Agency, and prior to commencement of work, Vendor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the types and amounts described below and in a form that is satisfactory to Agency.
General liability insurance. Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. Vendor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Vendor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Other provisions or requirements
Proof of insurance. Vendor shall provide certificates of insurance and required endorsements to Agency as evidence of the insurance coverage required herein.
Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Agency for the contract period and any additional length of time required thereafter. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. Vendor shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or
in connection with the performance of the Work hereunder by Vendor, their agents, representatives, employees, or subconsultants.
Primary/non-contributing. Coverage provided by Vendor shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or self- insurance shall be called upon to protect it as a named insured.
Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by Agency will be promptly reimbursed by Vendor or Agency will withhold amounts sufficient to pay premium from Vendor payments. In the alternative, Agency may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). Vendor acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Vendor of non-compliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Vendor maintains higher limits than the minimums shown above, the Agency requires and
shall be entitled to coverage for the higher limits maintained by the Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.
Notice of cancellation. Vendor agrees to oblige its insurance agent or broker and insurers to provide the Agency with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Vendor’s insurers are unwilling to provide such notice, then Vendor shall have the responsibility of notifying the Agency immediately in the event of Vendor’s failure to renew any of the required insurance coverages or insurer’s cancellation or non-renewal.
Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Vendor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass through clause. Vendor agrees to ensure that its subconsultants, subcontractors, and any other party who is brought into or involved in the services by Vendor (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Vendor. Vendor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Vendor’s Subcontractor cannot comply with this requirement, which proof must be submitted to the Agency, Vendor may still be able to utilize the Subcontractor provided Vendor shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Vendor, but in all other terms consistent with the Vendor’s requirements under this Agreement. This provision does not relieve the Vendor of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its Subcontractors. This provision is intended solely to provide Vendor with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Vendor under this Agreement given the limited scope of work or
services provided by the Subcontractor. Vendor agrees that upon request, all agreements with Subcontractors, and others engaged in the services, will be submitted to Agency for review.
Agency’s right to revise specifications. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Vendor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Vendor, the Agency and Vendor may renegotiate Vendor’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
Timely notice of claims. Vendor shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from Vendor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. Vendor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
XVII. CONFLICT OF INTEREST
No officer or employee of the Agency may have any financial interest, direct or indirect, in this Agreement, nor may any officer or employee participate in any decision relating to the Agreement that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership or association in which the officer or employee is, directly or indirectly interested, in violation of any law, rule or regulation.
No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.
XVIII. NOTICE
All notices, requests, demands, or other communications under this Agreement will be in writing. Notice will be sufficiently given for all purposes as follows:
A. Personal delivery. When personally delivered to the recipient; notice is effective on delivery.
B. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.
C. Certified mail. When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt.
D. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account; notice is effective on delivery, if delivery is confirmed by the delivery service.
E. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice; notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non-business day.
Addresses for purpose of giving notice are as follows:
To AGENCY: City of San Dimas
245 E. Bonita Avenue
San Dimas, CA 91773
Attention: Agency Clerk
To VENDOR: San Dimas Chamber of Commerce
246 E. Bonita Avenue
San Dimas, CA 91773
Attention: CEO
F. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger or overnight delivery service.
G. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this Agreement. Any change in address or fax number that is not provided to the other party will not void delivery
of any notice under this Agreement, and delivery to the last known address or fax number shall be deemed sufficient for notice under this Agreement.
XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
This agreement and all exhibits are binding on the heirs, successors, and assigns of the parties. The Agreement may not be assigned or subcontracted by either Agency or Vendor without the prior written consent of the other.
XX. INTEGRATION; AMENDMENT
This Agreement represents the entire understanding of Agency and Vendor as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this Agreement. The Agreement may not be modified or altered except in writing signed by both parties.
XXI. INTERPRETATION
The terms of this Agreement should be construed in accordance with the meaning of the language used and should not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply.
XXII. SEVERABILITY
If any part of this Agreement is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the Agreement will remain in full force and effect.
XXIII. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.
XXIV. GOVERNING LAW; JURISDICTION
This Agreement will be administered and interpreted under the laws of the State of California. Jurisdiction of any litigation arising from the Agreement will be in a court of competent jurisdiction within the county in which Agency is located.
XXV. COMPLIANCE WITH STATUTES AND REGULATIONS
Vendor will be knowledgeable of and will comply with all applicable federal, state, local, county, and city statutes, rules, regulations, ordinances, and orders.
XXVI. WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default will impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this Agreement.
XXVII. ATTORNEY’S FEES
Except as provided for herein above, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post-judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.
XXVIII. EXHIBITS
All exhibits identified in this Agreement are incorporated into the Agreement by this reference.
XXIX. VENDOR’S AUTHORITY TO EXECUTE
The persons executing this Agreement on behalf of the Vendor warrant: (i) the Vendor is duly organized and existing under the appropriate state laws; (ii) they are duly authorized to execute this Agreement on behalf of the Vendor; (iii) by so executing this Agreement, the Vendor is formally bound to the provisions of this Agreement; and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Vendor is bound.
By VENDOR: San Dimas Chamber of Commerce
Silvia Melendez, CEO
Mike Wallace, Chairperson of the Board
AGENCY: City of San Dimas
A Municipal Corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
By City Attorney
Attachments: Exhibit A Scope of Services
Exhibit B Compensation Schedule
EXHIBIT A
SCOPE OF SERVICES
The Vendor and Agency will work together to ensure the services listed below meet the expectations of each party in providing quality economic development services to the City of San Dimas and its businesses.
Reimbursement
Amount
Continued Services to be provided by the Vendor
Maintain and distribute a collection of helpful information to San Dimas businesses and residents. Provide referrals, programs, outreach, and distribution efforts focusing on assisting new businesses and residents connect with the activities and resources of the San Dimas community.
Business Development Services; business owner training events, peer support from other businesses, networking, educational sessions, activities, and referral services.
Coordinate with the city to connect new businesses with the needed assistance to address their start up needs and permitting requirements.
Business and community programs which support business areas of the city seeking promotional opportunities and programs such as Shop Local and the Holiday Marketing Campaign.
State of the City Event support and coordination.
$20,000 Total (Payment through Monthly Payment)
New Added Service
$0 None
$20,000 Total Services and New Requested Activity
Reimbursement or Other Services
TBD Other services with mutual written agreement prior to the service being performed and budgeted through the appropriate Agency budget process. $20,000 Total (Not to Exceed)
Reporting – Vendor shall provide an annual written report highlighting the services and activities undertaken perform on this Agreement. Vendor shall work with Agency to coordinate and schedule the report due date and to schedule a public presentation to the Agency Council, and if requested, to the Vendor’s Executive Board.
Review of Services – No later than two months prior to the expiration of this Agreement, a subcommittee of the Agency and representatives from the Vendor will meet to conduct a review of the services provided under this Agreement. The objective of this review will be to evaluate the success, value or potential adjustment of the services provided for the following year.
EXHIBIT B
COMPENSATION SCHEDULE
Total payments by Agency to Vendor under this Agreement shall not exceed twentythousand dollars ($20,000) unless such not to exceed amount is amended by written amendment to this Agreement. At no time shall expenditure authorization be given to exceed fifty thousand dollars ($50,000) until the Agency’s Council has reviewed and approved the Agreement prior to incurring such expenditures.
In consideration of the services provided in Exhibit A as Continued Services to be provided by the Vendor, the Agency will distribute twenty-thousand dollars ($20,000) in equal monthly payments of $1,666.67 per month to the Vendor starting in July 2025 and ending at termination of the Agreement for each month where such services are provided. Payment shall be made within 30 days of conclusion of the month in which services were provided.
At the time of termination in accordance with Section IV of this Agreement, the Agency will compensate the Vendor in accordance with Section IV.B within 30 days of invoicing and no further obligation of Agency incur for services provided after the date of termination.
VENDOR AGREEMENT
This vendor agreement (“Agreement”) is made and effective as of July 1, 2024 (the Effective Date”), by and between the City of San Dimas (“Agency”), a municipal corporation, and the San Dimas Chamber of Commerce (“Vendor”).
RECITALS
Agency wishes to retain the services of an experienced and qualified Vendor to provide business, residential and economic development services within the City of San Dimas.
Vendor represents and warrants that it is qualified to perform those services.
AGREEMENT
I. SERVICES
Vendor will provide the work and services listed in the Scope of Services attached hereto as Exhibit A. Vendor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional, and satisfactory manner.
II. TERM
Unless terminated earlier as provided herein below, the Agreement will commerce for the period starting July 1, 2024 and will continue in full force and through June 30, 2025.
III. COMPENSATION
A. Vendor’s Fee
For services rendered pursuant to this Agreement, Vendor will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B, provided, however, that in no event will the total amount of money paid to Vendor, for services initially contemplated by this Agreement, exceed the sum of sixteen thousand and eight hundred dollars ($16,800) (“Agreement Sum”), unless otherwise first approved in writing by Agency.
B. Schedule of Payment
Provided the Vendor is not in default under the terms of this Agreement, upon presentation of an invoice, Vendor will be paid the fees described as provided herein above. Payment will be due within thirty (30) days after the date of the invoice.
1 ATTACHMENT 2
IV. TERMINATION OF AGREEMENT
A. Agency may, at any time, for any reason, with or without cause, terminate this Agreement, or any portion hereof, by serving written notice of termination upon the Vendor at least thirty (30) days prior to the date of termination. Upon receipt of said notice, the Vendor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency terminates a portion of this Agreement, such termination shall not make void or invalidate the remainder of this Agreement. A partial termination may be the removal of a specific service or event listed in Exhibit A, in which reimbursement for such removed service or event will not occur unless in accordance with Section IV.B.
B. In the event this Agreement is terminated pursuant to this section, the Agency shall pay to Vendor the actual value of the work performed up to the time of termination, less any disputed amounts. Upon termination of the Agreement pursuant to this section, the Vendor will submit an invoice to the Agency as provided herein above.
V. FORCE MAJEURE
If either party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused for a period equal to the period of such cause for failure to perform.
VI. AGENCY REPRESENTATIVE
Agency’s City Manager shall represent Agency in all matters pertaining to the administration of this Agreement, with respect to the work and services specified in this Agreement and to make all decisions in connection with this Agreement.
Whenever approval, directions, or other actions are required by Agency under this Agreement, those actions will be taken by the Agency City Manager, unless otherwise stated. The Agency’s Chief Executive has the right to designate another Agency Representative at any time, by providing notice to Vendor.
VII. VENDOR REPRESENTATIVE(S)
Vendor’s Chief Executive Officer are designated as being the principal(s) and representative(s) of Vendor authorized to act on its behalf with respect to the work specified in this Agreement and make all decisions in connection with this Agreement. Vendor shall not change the designated representatives without prior written consent of the Agency.
VIII. BUSINESS LICENSE
The Vendor must obtain an Agency business license prior to the start of work under this Agreement unless Vendor is qualified for an exemption.
IX. OTHER LICENSES AND PERMITS
Vendor warrants that it has all professional, contracting, and other permits and licenses required to undertake the work contemplated by this Agreement. At any time additional licenses and/or permits are required to perform on the services provided under this Agreement, the Vendor agrees to procure such licenses and permits as part of the services agreed upon.
X. VENDOR’S RECORDS
Records of the Vendor’s time pertaining to the services and records of accounts between the Agency and the Vendor will be kept on a generally recognized accounting basis. Vendor will also maintain all other records, including without limitation invoices, correspondence, specifications, drawings, progress reports, and the like, relating to the Vendor’s services. All records will be available to Agency during normal working hours. Vendor will maintain these records for three (3) years after final payment.
XI. RETENTION OF FUNDS
Vendor authorizes Agency to deduct from any amount payable to Vendor (whether or not arising out of this Agreement) any amounts the payment of which may be in dispute or that are necessary to compensate Agency for any losses, costs, liabilities, or damages suffered by Agency, and all amounts for which Agency may be liable to third parties, by reason of Vendor’s acts or omissions in performing or failing to perform Vendor’s obligations under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Vendor, or any indebtedness exists that appears to be the basis for a claim, Agency may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of Agency to exercise the right to deduct or to withhold will not, however, affect the obligations of Vendor to insure, indemnify, and protect Agency as elsewhere provided in this Agreement.
XII. NON-LIABILITY OF AGENCY OFFICERS AND EMPLOYEES
No officer, employee or volunteer of Agency will be personally liable to Vendor, in the event of any default or breach by the Agency or for any amount that may become due to Vendor under this Agreement.
XIII. INDEPENDENT CONTRACTOR
A. Vendor is and shall at all times remain as to the Agency a wholly independent contractor. Vendor’s employees performing the services under this Agreement on behalf of Vendor shall at all times be under Vendor's exclusive direction and control. Neither Agency nor any of its officers, employees, or agents shall have control over the conduct of Vendor or any of Vendor's employees, except as set forth in this Agreement. Vendor shall not at any time or in any manner represent that it or any of its employees or agents are in any manner employees or agents of the Agency. Vendor shall not incur nor have the power to incur any debt, obligation, or liability whatsoever against Agency, or bind Agency in any manner.
B. No employee benefits shall be available to Vendor in connection with the performance of this Agreement. Except for the fees paid to Vendor as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Vendor and/or its employees for performing work or services hereunder for Agency. Agency shall not be liable for compensation or indemnification to Vendor for injury or sickness to its employee(s) arising out of performing work or services hereunder.
XIV. SUBCONTRACTORS
Before Vendor retains or hires a subcontractor to provide any work, labor, or services relative to this Agreement, Vendor must:
A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to Agency;
B. Present to the Agency the form of subcontract that will be used with the subcontractor for Agency’s approval, which approval will not be unreasonably withheld. Such subcontract agreement must include an indemnity agreement that is generally in accord with the indemnity obligations contained herein of this Agreement and must specifically name the Agency as an indemnified party; C. Secure from the subcontractor evidence of insurance coverage that meets with this Agreement including naming the Agency as an additional insured asrequired by this Agreement, unless such requirement is waived in writing by the Agency as provided herein below; and
D. For the purpose of this section, Agency and Vendor may agree if certain subcontractors, due to their limited or lack of involvement in executing obligations under this Agreement and who pose a mutually acceptable low risk, to modify requirements under this subsection. However, any subcontractor participating shall be subject to a mutually agreed upon written vendor agreement withVendor or Agency that limits risk exposure to the Agency and Vendor.
XV. INDEMNIFICATION
Vendor agrees to indemnify the Agency, its officers, agents, volunteers, employees, and attorneys against, and will defend and hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or organization arising out of the negligent or wrongful acts, errors or omissions of Vendor, its agent, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder.
XVI. INSURANCE
Without limiting Vendor’s indemnification of Agency, and prior to commencement of work, Vendor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the types and amounts described below and in a form that is satisfactory to Agency.
General liability insurance. Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. Vendor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Vendor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Other provisions or requirements
Proof of insurance. Vendor shall provide certificates of insurance and required endorsements to Agency as evidence of the insurance coverage required herein.
Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Agency for the contract period and any additional length of time required thereafter. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. Vendor shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or
in connection with the performance of the Work hereunder by Vendor, their agents, representatives, employees, or subconsultants.
Primary/non-contributing. Coverage provided by Vendor shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or self- insurance shall be called upon to protect it as a named insured.
Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by Agency will be promptly reimbursed by Vendor or Agency will withhold amounts sufficient to pay premium from Vendor payments. In the alternative, Agency may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). Vendor acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Vendor of non-compliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Vendor maintains higher limits than the minimums shown above, the Agency requires and
shall be entitled to coverage for the higher limits maintained by the Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.
Notice of cancellation. Vendor agrees to oblige its insurance agent or broker and insurers to provide the Agency with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Vendor’s insurers are unwilling to provide such notice, then Vendor shall have the responsibility of notifying the Agency immediately in the event of Vendor’s failure to renew any of the required insurance coverages or insurer’s cancellation or non-renewal.
Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Vendor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass through clause. Vendor agrees to ensure that its subconsultants, subcontractors, and any other party who is brought into or involved in the services by Vendor (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Vendor. Vendor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Vendor’s Subcontractor cannot comply with this requirement, which proof must be submitted to the Agency, Vendor may still be able to utilize the Subcontractor provided Vendor shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Vendor, but in all other terms consistent with the Vendor’s requirements under this Agreement. This provision does not relieve the Vendor of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its Subcontractors. This provision is intended solely to provide Vendor with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Vendor under this Agreement given the limited scope of work or
services provided by the Subcontractor. Vendor agrees that upon request, all agreements with Subcontractors, and others engaged in the services, will be submitted to Agency for review.
Agency’s right to revise specifications. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Vendor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Vendor, the Agency and Vendor may renegotiate Vendor’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
Timely notice of claims. Vendor shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from Vendor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. Vendor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
XVII. CONFLICT OF INTEREST
No officer or employee of the Agency may have any financial interest, direct or indirect, in this Agreement, nor may any officer or employee participate in any decision relating to the Agreement that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership or association in which the officer or employee is, directly or indirectly interested, in violation of any law, rule or regulation.
No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.
XVIII. NOTICE
All notices, requests, demands, or other communications under this Agreement will be in writing. Notice will be sufficiently given for all purposes as follows:
A. Personal delivery. When personally delivered to the recipient; notice is effective on delivery.
B. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three mail delivery daysafter deposit in a United States Postal Service office or mailbox.
C. Certified mail. When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt.
D. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account; notice is effective on delivery, if delivery is confirmed by the delivery service.
E. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice; notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non-business day.
Addresses for purpose of giving notice are as follows:
To AGENCY: City of San Dimas
245 E. Bonita Avenue
San Dimas, CA 91773
Attention: Agency Clerk
To VENDOR: San Dimas Chamber of Commerce
246 E. Bonita Avenue
San Dimas, CA 91773
Attention: CEO
F. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger or overnight delivery service.
G. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this Agreement. Any change in address or fax number that is not provided to the other party will not voiddelivery
of any notice under this Agreement, and delivery to the last known address or fax number shall be deemed sufficient for notice under this Agreement.
XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
This agreement and all exhibits are binding on the heirs, successors, and assigns of the parties. The Agreement may not be assigned or subcontracted by either Agency or Vendor without the prior written consent of the other.
XX. INTEGRATION; AMENDMENT
This Agreement represents the entire understanding of Agency and Vendor as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this Agreement. The Agreement may not be modified or altered except in writing signed by both parties.
XXI. INTERPRETATION
The terms of this Agreement should be construed in accordance with the meaning of the language used and should not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply.
XXII. SEVERABILITY
If any part of this Agreement is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the Agreement will remain in full force and effect.
XXIII. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.
XXIV. GOVERNING LAW; JURISDICTION
This Agreement will be administered and interpreted under the laws of the State of California. Jurisdiction of any litigation arising from the Agreement will be in a court of competent jurisdiction within the county in which Agency is located.
XXV. COMPLIANCE WITH STATUTES AND REGULATIONS
Vendor will be knowledgeable of and will comply with all applicable federal, state, local, county, and city statutes, rules, regulations, ordinances, and orders.
XXVI. WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default will impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this Agreement.
XXVII. ATTORNEY’S FEES
Except as provided for herein above, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post-judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.
XXVIII. EXHIBITS
All exhibits identified in this Agreement are incorporated into the Agreement by this reference.
XXIX. VENDOR’S AUTHORITY TO EXECUTE
The persons executing this Agreement on behalf of the Vendor warrant: (i) the Vendor is duly organized and existing under the appropriate state laws; (ii) they are duly authorized to execute this Agreement on behalf of the Vendor; (iii) by so executing this Agreement, the Vendor is formally bound to the provisions of this Agreement; and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Vendor is bound.
By VENDOR: San Dimas Chamber of Commerce
Silvia Melendez, CEO
Dominic Torres, Chairperson of the Board
AGENCY: City of San Dimas
A Municipal Corporation
Silvia Melendez ( Jul 11, 2024 15: 27 PDT)
Silvia Melendez
Dominic Torres (Jul 16, 2024 11:36 PDT)
Dominic Torres
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
By City Attorney
Attachments: Exhibit A Scope of Services
Exhibit B Compensation Schedule
Jeff Malawy ( Jul 16, 2024 13:16 PDT)
Jeff Malawy
Chris Constantin ( Jul 16, 2024 13:55 PDT)
EXHIBIT A
SCOPE OF SERVICES
The Vendor and Agency will work together to ensure the services listed below meet the expectations of each party in providing quality economic development services to the City of San Dimas and its businesses.
Reimbursement
Amount
Continued Services to be provided by the Vendor
Maintain and distribute a collection of helpful information to San Dimas businesses and residents. Provide referrals, programs, outreach, and distribution efforts focusing on assisting new businesses and residents connect with the activities and resources of the San Dimas community.
Business Development Services; business owner training events, peer support from other businesses, networking, educational sessions, activities, and referral services.
Coordinate with the city to connect new businesses with the needed assistance to address their start up needs and permitting requirements.
Business and community programs which support business areas of the city seeking promotional opportunities and programs such as Shop Local and the Holiday Marketing Campaign.
State of the City Event support and coordination.
16,800 Total (Payment through Monthly Payment)
New Added Service
0 None
16,800 Total Services and New Requested Activity
Reimbursement or Other Services
TBD Other services with mutual written agreement prior to the service being performed and budgeted through the appropriate Agency budget process. 16,800 Total (Not to Exceed)
Reporting – Vendor shall provide an annual written report highlighting the services and activities undertaken perform on this Agreement. Vendor shall work with Agency to coordinate and schedule the report due date and to schedule a public presentation to the Agency Council, and if requested, to the Vendor’s Executive Board.
Review of Services – No later than two months prior to the expiration of this Agreement, a subcommittee of the Agency and representatives from the Vendor will meet to conduct a review of the services provided under this Agreement. The objective of this review will be to evaluate the success, value or potential adjustment of the services provided for the following year.
EXHIBIT B
COMPENSATION SCHEDULE
Total payments by Agency to Vendor under this Agreement shall not exceed sixteen thousand and eight hundred dollars ($16,800) unless such not to exceed amount is amended by written amendment to this Agreement. At no time shall expenditure authorization be given to exceed Fifty thousand dollars ($50,000) until the Agency’s Council has reviewed and approved the Agreement prior to incurring such expenditures.
In consideration of the services provided in Exhibit A as Continued Services to be provided by the Vendor, the Agency will distribute sixteen-thousand eight hundred dollars ($16,800) in equal monthly payments of $1,400 per month to the Vendor starting in July 2024 and ending at termination of the Agreement for each month where such services are provided. Payment shall be made within 30 days of conclusion of the month in which services were provided.
At the time of termination in accordance with Section IV of this Agreement, the Agency will compensate the Vendor in accordance with Section IV.B within 30 days of invoicing and no further obligation of Agency incur for services provided after the date of termination.
San Dimas Chamber of Commerce Agreement
24-25.docx
Final Audit Report 2024- 07-16
Created: 2024- 07-10
By: Anissa Livas ( alivas@sandimasca. gov)
Status: Signed
Transaction ID: CBJCHBCAABAAvK5usfGvBgnF- azne637tlDAHmA25ABb San Dimas Chamber of Commerce Agreement 24-25.docx" His tory
Document created by Anissa Livas ([email protected]) 2024- 07- 10 - 11:06:04 PM GMT
Document emailed to Silvia Melendez ([email protected]) for signature 2024- 07- 10 - 11:07:34 PM GMT
Email viewed by Silvia Melendez ( smelendez@sandimaschamber. com) 2024- 07- 11 - 10:26:52 PM GMT
Document e-signed by Silvia Melendez ([email protected]) Signature Date: 2024- 07-11 - 10:27:19 PM GMT - Time Source: server Document emailed to [email protected] for signature 2024- 07- 11 - 10:27:21 PM GMT
Email viewed by [email protected]
2024- 07- 16 - 6:35:10 PM GMT
Signer [email protected] entered name at signing as Dominic Torres 2024- 07- 16 - 6:36:40 PM GMT
Document e-signed by Dominic Torres ([email protected]) Signature Date: 2024- 07-16 - 6:36:42 PM GMT - Time Source: server Document emailed to jmalawy@awattorneys. com for signature 2024- 07- 16 - 6:36:44 PM GMT
Email viewed by [email protected]
2024- 07- 16 - 8:12:39 PM GMT
Signer jmalawy@awattorneys. com entered name at signing as Jeff Malawy 2024- 07- 16 - 8:16:41 PM GMT
Document e-signed by Jeff Malawy ([email protected]) Signature Date: 2024- 07-16 - 8:16:43 PM GMT - Time Source: server Document emailed to Chris Constantin ([email protected]) for signature 2024- 07- 16 - 8:16:44 PM GMT
Email viewed by Chris Constantin ([email protected]) 2024- 07- 16 - 8:54:29 PM GMT
Document e-signed by Chris Constantin ([email protected]) Signature Date: 2024- 07-16 - 8:55:03 PM GMT - Time Source: server Document emailed to Debra Black ([email protected]) for signature 2024- 07- 16 - 8:55:05 PM GMT
Email viewed by Debra Black ( dblack@sandimasca. gov)
2024- 07- 16 - 11:33:19 PM GMT
Document e-signed by Debra Black ([email protected]) Signature Date: 2024- 07-16 - 11:33:51 PM GMT - Time Source: server Agreement completed.
2024- 07- 16 - 11:33:51 PM GMT
San Dimas Chamber of Commerce
Silvia Melendez
Chief Executive Officer
San Dimas Chamber of Commerce
246 E. Bonita Avenue
San Dimas, CA 91773
[email protected]
(909) 592-3818
Tuesday, June 3, 2025
Travis Sais
Assistant City Manager
City of San Dimas
245 E. Bonita Avenue
San Dimas, CA 91773
Subject: Proposed Compensation Increase San Dimas Chamber of Commerce Memorandum of Understanding
Dear Travis,
Thank you for your continued partnership and support of the San Dimas Chamber of Commerce. As requested, please find below the clarification for the proposed increase in compensation within our Memorandum of Understanding (MOU):
Supporting Data & Operating Costs
Over the past fiscal year, the Chamber has experienced a significant rise in operating expenses. These include increased costs in staffing, administrative operations, event coordination, and community outreach initiatives.
These changes have impacted our ability to maintain the same level of service without adjusting compensation accordingly.
Increased Operating Costs
The overall cost of operations has risen due to inflation, vendor price increases, and expanding program needs. As we continue to support the City’s economic development efforts, these additional expenses are necessary to sustain and enhance our service delivery.
Explanation for the 19% Increase
The proposed 19% increase reflects a careful analysis of the Chamber's actual cost structure and anticipated needs moving forward. The proposed adjustment reflects an additional $3,200 per year. This adjustment ensures we can continue providing high-quality services, maintain staff support, and fulfill our obligations under the MOU.
Membership Cost Increase
Our membership rates were adjusted recently to help offset the growing expenses. However, member dues alone are not sufficient to cover the full scope of our service commitments, which is why the proposed MOU adjustment is critical.
CPI – Consumer Price Index
ATTACHMENT 3
According to the most recent CPI data, year-over-year inflation has had a measurable impact on operational costs. The proposed compensation increase aligns with these economic indicators, reflecting the need to maintain purchasing power and service standards.
Year-to-Year CPI Comparison
Over the past year, CPI data shows a steady increase, supporting the rationale behind the compensation adjustment. This ensures our partnership with the City remains sustainable and responsive to changing economic conditions.
Year-Over-Year Expense Comparison
Expense Category 2021–2022 2024–2025 Change ($) Change (%) Total Expenses $197,569.80 $283,281.40 $85,711.60 43.4% Salaries $63,546.98 $74,991.35 $11,444.37 18.0%
Payroll Taxes $21,308.95 $29,747.19 $8,438.24 39.6%
Employee Benefits $9,096.82 $31,918.07 $22,821.25 250.9% Dues & Subscriptions $11,510.22 $16,855.54 $5,345.32 46.4% Office Supplies $1,570.13 $8,196.13 $6,626.00 422.0%
Software Purchases $6,065.90 $8,847.81 $2,781.91 45.9%
Professional Services $3,914.47 $5,178.06 $1,263.59 32.3% Equipment Maintenance $2,790.86 $81.57 $-2,709.29 -97.1% Insurance - General $5,448.76 $3,924.80 $-1,523.96 -28.0% Bank Charges $3,485.43 $1,354.32 $-2,131.11 -61.1%
State of the City Exp. $391.88 $2,671.42 + $2,279.54 (+582%) We appreciate your consideration of this request and look forward to presenting these details at our upcoming meeting on Tuesday, June 10th at 7:00 p.m. Please don’t hesitate to reach out if you need any additional information or clarification ahead of that time.
Thank you again for your continued collaboration and support.
Sincerely,
CEO Silvia Melendez
San Dimas Chamber of Commerce
Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of June 10, 2025
From: Brad McKinney, City Manager
Prepared by: Jonathan Marin, IS/IT Analyst
Subject: Approve a Professional Service Agreement with Daus Technologies, Inc., doing business as Computer Village, for Information Technology (IT) Managed Services in an Amount not to Exceed $120,779 for 3 Years ____________________________________________________________________________
SUMMARY
The City is seeking to enter into a new Professional Service Agreement with Daus Technologies, Inc., doing business as Computer Village, for a (3) three-year contract with an option for a (2) two-year extension. Staff requests that the Council authorize the City Manager or designee to enter into this agreement, in a form approved by the City Attorney, with Computer Village for necessary IT support services.
RECOMMENDATION
City staff recommends that the City Council:
• Authorize the City Manager, or designee, to enter into a Professional Service Agreement with Computer Village, in a form approved by the City Attorney, for IT support services in an amount not to exceed $120,779 for the three-year contract term.
GOVERNMENT CODE §84308 APPLIES:
https://leginfo.legislature.ca.gov
Yes
FISCAL IMPACT
The proposed three-year contract with Computer Village is $39,075 annually. This amount will increase by 3% on July 1, 2026, and an additional 3% on July 1, 2027. The total contract amount will not exceed $120,779. The proposed Fiscal Year 2025-26 City Budget includes an appropriation of $39,075 for this service, allocated from account number 001.4190.020.002.
Information Technology (IT) Managed Services Agreement Page 2 For the Meeting of June 10, 2025
BACKGROUND
The City has previously retained the services of Computer Village for professional IT support. The City has maintained a working relationship with Computer village since 1999, with ad-hoc services and purchasing support hours. In 2019, the first Service Level Agreement was executed. The current (3) three-year contract agreement with Computer Village was entered into in July of 2022 and ends on June 30, 2025. IT support services cover the City’s IT networks, which includes 6 physical servers, 15 virtual servers, 133 workstations, and multiple networks spread across eight (8) City sites. Leveraging external IT support services like Computer Village provides the City with access to specialized expertise, in-depth knowledge and the necessary resources to effectively manage the City‘s complex enterprise computer network.
The City historically has budgeted for external IT professional service hours to supplement internal staff in maintaining the current network. In July of 2022, the City entered into a Managed Services Agreement (MSA) contract to augment internal staff to maintain, set up and manage the City’s network infrastructure. The MSA provides essential expertise for general maintenance, data backup, cybersecurity, technical support, troubleshooting, and new technology innovation and integration. As the City continues to be more innovative in technology, along with safeguarding from cyber threats, the demand for IT support is needed.
DISCUSSION/ANALYSIS
The City is seeking to enter into a new agreement that will supersede the existing one which will expire June 30, 2025. It would provide services for the City's IT infrastructure across all eight (8) sites, ensuring maintenance and support for all network servers, firewalls, and desktops.
Additionally, the proposal includes but is not limited to, the following services:
• Email and live phone support during business hours with quick response times • Hardware and software exception monitoring and proactive maintenance • Operating system patch installation and management (Security and Critical Patches) • Server and desktop backup and disaster monitoring and maintenance • Penetration testing and vulnerability scanning ongoing preparation and remediation • Complementary remote assistance and diagnosis using Remote Management Tools • Monthly system maintenance checks
• Planned and emergency onsite assistance
• Endpoint Detection and Response security monitoring
• Cybersecurity threat management and mitigation
• Office 365 security monitoring
• Asset Cataloging and Tracking
• Creation of Documentation required for Support
• Credential storage in secure vault
Computer Village’s Phone and email support hours are from 8 am – 5 pm, Monday – Friday with a first response target less than 2 hours for phone response and 4 hours or less for onsite covered systems. Computer Village is a Microsoft Silver Partner and has Microsoft Certified System Engineers on staff.
Information Technology (IT) Managed Services Agreement Page 3 For the Meeting of June 10, 2025
The proposed Professional Service Agreement is a 3.6% increase from the current agreement that is ending on June 30, 2025. This proposal reflects a 67.66% discount on the standard annual market rate due to existing knowledge of the City’s network infrastructure and past involvement with City network architecture, design and implementation. The annual increase should be noted as it now includes cybersecurity awareness, penetration testing and vulnerability scanning for ongoing preparation and remediation from cyber threats.
Local municipalities with similar network sizes and user counts typically pay between $140,000 and $200,000 annually for managed IT services. To ensure the City was receiving the best value, proposals from comparable municipalities that are under an MSA were analyzed, and after assessing the value of services and cost, the City is recommending entering into a new agreement with Computer Village.
Located in downtown San Dimas, Computer Village offers comprehensive IT services, including managed technology, cybersecurity, cloud solutions, and network installation/repair. With 35 years in the industry and over 100 years of combined IT experience, they've been a long-standing technology partner for the City of San Dimas.
Since the City’s first network was established in 1999, Computer Village has been a consistent IT partner for the City, providing support, maintenance, and troubleshooting for all IT projects and needs. A dedicated team of Microsoft Certified System Engineers from Computer Village manages the City's account and has been vetted for access to the network. Their deep familiarity with City processes, established rapport with Staff, and convenient proximity ensures efficient service and quicker response times.
ALTERNATIVES
As an alternative, Council could decide to not authorize this agreement and may direct Staff to put the IT Managed Services Agreement contract out to bid for additional proposals. However, it may result in higher cost for service, integrate different set of standard protocols and adhere to new matrix for reporting issues and submitting trouble ticket for support.
ENVIRONMENTAL REVIEW
This item is not subject to environmental review under the California Environmental Quality Act (CEQA). Under CEQA guidelines Section 15378 (b)(5), continued administrative activities and organization activities that will not result in a direct or indirect physical change in the environment are not CEQA projects. Moreover, under CEQA guidelines CEQA guidelines Section 15784 (b)(4), government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment are not CEQA projects.
Respectfully submitted,
Jonathan Marin
IS/IT Analyst
Attachments:
1. New Agreement draft
2. Previous Agreement (2022 - 2025)
Rev. 06/22 Page 1 of 19 Professional Service Agreement
PROFESSIONAL SERVICE AGREEMENT
This professional service agreement (“Agreement”), is made and effective as of ___________, between the City of San Dimas ("Agency"), a municipal corporation, and Daus Technologies, Inc. dba Computer Village. (“Provider”), a corporation. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
I. TERM
This Agreement shall commence on _________________ and shall remain and continue in effect until tasks described herein are completed, but in no event later than ______________ unless sooner terminated pursuant to the provisions of this Agreement.
II. SERVICES
Provider shall perform the tasks described and set forth in [Exhibit A], attached hereto and incorporated herein as though set forth in full. Provider shall complete the tasks according to the schedule of performance which is also set forth in [Exhibit A].
To the extent that [Exhibit A] is a proposal from Provider, 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 unless specifically agreed to in writing.
III. PERFORMANCE
Provider shall at all times faithfully, competently, and to the best of their ability, experience, and talent, perform all tasks described herein. Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Provider hereunder in meeting its obligations under this Agreement.
IV. AGENCY REPRESENTATIVE
Agency’s City Manager shall represent Agency in all matters pertaining to the administration of this Agreement, review and approve all products submitted by Provider , but not including the authority to enlarge the Tasks to be Performed or change the compensation due to Provider. Agency’s City Manager shall be authorized to act on Agency's behalf and to execute all necessary documents which enlarge the Tasks to be Performed or change Provider's compensation, subject to Section V hereof.
V. PAYMENT
A. The Agency agrees to pay Provider monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in [Exhibit B], attached ATTACHMENT 1
Rev. 06/22 Page 2 of 19 Professional Service Agreement
hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed $0.00 for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
B. Provider shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency City Manager. Provider shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency City Manager and Provider at the time Agency's written authorization is given to Provider for the performance of said services.
C. Provider shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the Agency disputes any of Provider's fees, it shall give written notice to Provider within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice therefore.
VI. TERMINATION OF AGREEMENT
A. Except as otherwise provided herein below, either party may terminate this Agreement, or any portion hereof, by serving written notice of termination upon the other party at least ten (10) days prior to the date of termination. Upon receipt of said notice, the Provider shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency terminates a portion of this Agreement, such termination shall not make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this section, the Agency shall pay to Provider the actual value of the work performed up to the time of termination, less any disputed amounts. Upon termination of the Agreement pursuant to this section, the Provider will submit an invoice to the Agency as provided herein above.
VII. DEFAULT
A. Either party's failure to comply with the provisions of this Agreement shall constitute a default. In the event that either party is in default for cause under the terms of this Agreement, the affected party shall promptly notify the deficient party of such default and following such notice shall have no obligation or duty to continue compensating or providing any work after the date of default and can terminate this Agreement immediately by written notice to the other party. If such
Rev. 06/22 Page 3 of 19 Professional Service Agreement
failure hereunder arises out of causes beyond either party’s control, and without fault or negligence, it shall not be considered a default.
B. If the Agency City Manager determines the Provider is in default in the performance of any of the terms or conditions of this Agreement, Agency shall cause to be served upon the Provider a written notice of the default. The Provider shall have ten (10) days after service of default notice to cure the default as directed by the Agency in the notice of default. In the event the Provider fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
VIII. OWNERSHIP OF DOCUMENTS
A. Provider shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Agency that relate to the performance of services under this Agreement. Provider shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Provider shall provide free access to the Agency at reasonable times to such books and records; shall give Agency the right to examine and audit said books and records; shall permit Agency to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement.
Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Agency and may be used, reused, or otherwise disposed of by the Agency without the permission of the Provider. With respect to computer files, Provider shall make available to the Agency, at the Provider’s office and upon reasonable written request by the Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Provider hereby grants to Agency all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Provider in the course of providing the services under this Agreement.
IX. INDEMNIFICATION AND DEFENSE
A. Indemnification
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To the fullest extent permitted by law, Provider shall indemnify and hold harmless Agency and any and all of its officials, employees, agents, and/or volunteers (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Provider, its officers, agents, employees or subconsultants (or any agency or individual that Provider shall bear the legal liability thereof) in the performance of services under this Agreement. Provider’s duty to indemnify and hold harmless Agency shall not extend to the Agency’s sole or active negligence or willful misconduct.
B. Duty to defend
In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by Agency, Provider shall defend the Indemnified Parties at Provider’s cost or at Agency’s option, to reimburse Agency for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Provider’s negligent acts, errors or omissions. Payment by Agency is not a condition precedent to enforcement of this provision. In the event of any dispute between Provider and Agency, as to whether liability arises from the sole or active negligence or willful misconduct of the Agency or its officers, employees, or agents, Provider will be obligated to pay for Agency’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as solely or actively negligent or to have acted with willful misconduct. Provider 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.
X. INSURANCE
Provider shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in [Exhibit C] attached herewith and incorporated herein by this reference as though set forth in full.
XI. INDEPENDENT CONTRACTOR
A. Provider is and shall at all times remain as to the Agency a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Provider shall at all times be under Provider's exclusive direction and control. Neither Agency nor any of its officers, employees, or agents shall have control over the conduct of Provider or any of Provider's officers, employees, or agents, except as set forth in this Agreement. Provider shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the Agency. Provider shall not incur or have the power to incur any debt, obligation, or liability whatever against Agency, or bind Agency in any manner.
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B. No employee benefits shall be available to Provider in connection with the performance of this Agreement. Except for the fees paid to Provider as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Provider and/or its employees for performing services hereunder for Agency.
Agency shall not be liable for compensation or indemnification to Provider for injury or sickness to its employee(s) arising out of performing services hereunder.
XII. LEGAL RESPONSIBILITIES
The Provider shall keep itself informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Provider shall at all times observe and comply with all such laws and regulations. The Agency, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Provider to comply with this section.
XIII. UNDUE INFLUENCE
Provider declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the Agency in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the Agency has or will receive compensation, directly or indirectly, from Provider, or from any officer, employee, or agent of Provider, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
Violation of this section shall be a material breach of this Agreement entitling the Agency to any and all remedies at law or in equity.
XIV. NO BENEFIT TO ARISE TO AGENCY EMPLOYEES
During their tenure and for one year thereafter, no member, officer, or employee of Agency, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the services under this Agreement shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the services performed under this Agreement.
XV. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by Provider in performance of this Agreement shall be considered confidential and shall not be released by Provider without Agency's prior written authorization. Provider, its officers, employees, agents, or subconsultants, shall not without written authorization from the Agency City Manager or unless requested by the Agency, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the Agency. Response to a subpoena or
Rev. 06/22 Page 6 of 19 Professional Service Agreement
court order shall not be considered "voluntary" provided Provider gives Agency notice of such court order or subpoena.
B. Provider shall promptly notify Agency should Provider, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the Agency, unless the Agency is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Provider is prohibited by law from informing the Agency of such Discovery. Agency retains the right, but has no obligation, to represent Provider and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless Agency is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Provider in such proceeding, Provider agrees to cooperate fully with Agency and to provide the opportunity to review any response to Discovery requests provided by Provider.
However, Agency's right to review any such response does not imply or mean the right by Agency to control, direct, or rewrite said response.
XVI. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by: (i) personal service; (ii) delivery by a reputable document delivery service (e.g., Federal Express), which provides a receipt showing date and time of delivery; or (iii) United States mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To AGENCY: City of San Dimas
Attention: Brad McKinney/City Manager
To PROVIDER: Daus Technologies, Inc. dba Computer Village Attention: Brian Gudauskas/President
XVII. ASSIGNMENT
A. Provider shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Agency. Due to the personal nature of the services to be rendered pursuant to this Agreement, only Provider shall perform the services described in this Agreement.
Rev. 06/22 Page 7 of 19 Professional Service Agreement
B. Before retaining or contracting with any subconsultant for any services under this Agreement, Provider shall provide Agency with the identity of the proposed subconsultant, a copy of the proposed written contract between Provider and such subconsultant which shall include an indemnity provision identical to the one provided herein identifying Agency as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from Agency for such insurance.
C. The Provider may use assistants, under their direct supervision, to perform some of the services under this Agreement. Provider shall provide Agency fourteen (14) days' notice prior to the departure of Provider from Provider's employ.
Should Provider leave Provider's employ, the Agency shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Provider's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the Provider.
XVIII. LICENSES
At all times during the term of this Agreement, Provider shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
XIX. GOVERNING LAW
The Agency and Provider understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Agency.
XX. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
XXI. SEVERABILITY
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Any part, provision, or representation of this Agreement or any of its exhibits, including, but not limited to [Exhibit C], which is held to be invalid, void or unenforceable by a court of competent jurisdiction, shall be limited to that part, provision or representation and all other parts, provisions, or representations herein shall remain in full force and effect.
XXII. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Provider is bound by the contents of Agency's Request for Proposal, [Exhibit D], hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Provider, [Exhibit E] hereto. In the event of conflict, the requirements of Agency's Request for Proposal and this Agreement shall take precedence over those contained in the Provider's proposal. The incorporation of the Provider’s proposal shall be for the scope of services to be provided only, and any other terms and conditions included in such proposal shall have no force and effect on this Agreement or the relationship between Provider and/or Agency, unless expressly agreed to in writing.
XXIII. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Provider warrants and represents that they have the authority to execute this Agreement on behalf of the Provider and have the authority to bind Provider to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
Daus Technologies, Inc. dba Computer Village
By:
(Signature)
(Typed Name)
(Title)
City of San Dimas
A Municipal Corporation
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City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
By:
Attachments: Exhibit A Tasks to Be Performed
Exhibit B Payment Schedule
Exhibit C Insurance Requirements
Exhibit D Request for Proposal
Exhibit E Provider’s Proposal
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EXHIBIT A
TASKS TO BE PERFORMED
SCOPE OF SERVICES
Service Provider: Daus Technologies, Inc. dba Computer Village Customer: City of San Dimas
1. Overview
Computer Village will deliver comprehensive, fully managed IT services to the City of San Dimas under a multi-year agreement. Services are designed to ensure the City's technology environment remains stable, secure, and aligned with best practices through proactive maintenance, responsive support, and strategic guidance.
This Scope of Services defines the systems, facilities, and categories of support covered under this Agreement.
2. Covered Equipment and Locations
Included Devices:
- 133 Workstations
- 6 Physical Servers
- 15 Virtual Servers
- 8 Firewalls
- 15 Network Switches (monitored and maintained)
- Wi-Fi Infrastructure (Access Points and management platform) - Uninterruptible Power Supplies (UPS) where installed
Covered Sites:
1. Civic Center (MDFA and MDFB)
2. Community Building
3. Corporate Yard
4. Marchant Park
5. Recreation Center
6. Senior Center
7. Sheriff Station
8. Martin House
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3. Core Managed Services Provided
A. Help Desk & Support Access
• Unlimited phone support (M–F, 8:00 AM – 5:00 PM PST)
• Unlimited email/ticket support (first-response goal: <2 hours) • Remote assistance via encrypted agent-based tools
• Emergency after-hours escalation available for critical issues B. Onsite Support
• Planned and emergency onsite dispatch included for covered systems • Response targets: <4 hours for covered, <8 hours for uncovered • Same-day or next-day technician availability based on urgency C. Monitoring & Maintenance
• 24/7 remote monitoring of endpoints, servers, firewalls, switches, and key infrastructure • Operating system and firmware patching for all managed devices • Backup alerting and monitoring (where applicable)
• Proactive review of logs, alerts, and anomalies
• Bi-weekly health check and exception monitoring
D. Cybersecurity & Risk Management
• Endpoint Detection and Response (EDR) protection and monitoring • Real-time threat detection, alert response, and remediation support • Email domain security and message authentication enforcement (SPF, DKIM, DMARC) • Cybersecurity posture assessment annually or as needed E. Microsoft 365 Administration
• Full administration of the City's Microsoft 365 tenant • Mailbox creation and deactivation
• License procurement, management, and tracking
• Troubleshooting of Outlook, Teams, OneDrive, and SharePoint • Enforcement of policies and conditional access as appropriate F. Infrastructure Support
• Monitoring and support for firewalls, switches, and Wi-Fi systems • Oversight of UPS devices for battery status and runtime thresholds • Network documentation, including IP schema and device roles • Escalation to vendors for licensed equipment and platforms G. Strategic & Operational Support
• IT lifecycle planning and budgeting guidance
• Hardware and software procurement assistance
• Technology refresh planning and documentation
• Review of long-term project needs and integration with City goals
Rev. 06/22 Page 3 of 20 Design Professional Service Agreement • Vendor liaison for supported systems (copiers, phone, etc.) H. Software Application Support
• City shall maintain vendor support and licensing for all third-party apps • Vendors remain responsible for application functionality and performance • Computer Village will make all reasonable efforts to support and troubleshoot third-party applications
• Microsoft software is fully supported by Computer Village, including configuration and escalation I. User Lifecycle Management
• User onboarding/offboarding
• Mobile and desktop email setup
• Access permissions and shared folder adjustments
• Coordination with HR or department leads
J. Reporting & Communication
• Quarterly IT summary reports (tickets, patching, health metrics) • Annual strategic review with recommendations
• Ad-hoc updates and advisory briefings upon request
4. Service Assumptions
- All sites have reliable internet and electrical power - 95% or more of the devices at each location must be covered under this agreement - The City will notify Computer Village of staff changes, new equipment, or relocation of IT assets - All support is subject to a safe working environment
- Administrative passwords and critical credentials may be retained by Computer Village for support purposes
5. Out-of-Scope Items
- Hardware replacement or physical part installation (unless otherwise quoted) - Project work, including system upgrades, major migrations, or non-standard setups - Third-party vendor fees, licensing costs, or manufacturer warranties - Recovery or reinstallation due to unsupported backups or data loss outside managed systems - Remediation of unsupported or unauthorized device additions - Custom development or unsupported app configuration
- Consulting or support for non-standard software without vendor support
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EXHIBIT B
PAYMENT SCHEDULE
PAYMENT SCHEDULE
Service Provider: Daus Technologies, Inc. dba Computer Village Customer: City of San Dimas
1. Monthly Service Fee Summary
Covered Item Quantity Unit Price Monthly Subtotal
Workstations 133 $48 $6,384
Physical Servers 6 $300 $1,800
Virtual Servers 15 $75 $1,125
Network (per site) 8 $95 $760
Total Monthly $10,069
Note: Network includes support for firewalls, switches, Wi-Fi infrastructure, and UPS systems at each site.
2. Annual Service Fee
- Annual Total (pre-discount): $120,828
- Annual Discount: 67.66%
- Annual Service Fee (net): $39,072.00
- Billing Frequency: Invoiced annually in advance, unless otherwise arranged - Discount is based on a three (3) year term with an optional two (2) year extension
3. Payment Terms
- Invoices will be issued on or around July 1 of each contract year - Payment is due within thirty (30) days of issuance unless alternate terms are agreed in writing - Payments received are applied to services as invoiced
4. Adjustments and Additions
- Pricing is based on the asset and location inventory defined in Exhibit A
Rev. 06/22 Page 5 of 20 Design Professional Service Agreement - New devices or locations may be added at any time with written acknowledgement; pricing will be prorated accordingly
- Devices added without notice may not be supported until formally incorporated - Annual pricing may be adjusted with 30 days' written notice, not to exceed the greater of 3% or the prior 12-month CPI
5. Exclusions
- Hardware replacement or physical component costs
- One-time project labor or non-recurring engineering
- Licensing, third-party vendor support costs, or manufacturer maintenance contracts - Services beyond the scope defined in Exhibit A
Out-of-scope services must be quoted separately and approved in writing before execution.
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EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting Provider’s indemnification of Agency, and prior to commencement of work and/or services under this Agreement, Provider 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 Agency. [Note: Verify minimum limit for each coverage with Agency Risk Manager.] General liability insurance. Provider shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. Provider 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 Provider arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident.
Professional liability (errors & omissions) insurance. Provider shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Provider agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
[Note: May need to delete workers' compensation and employer's liability insurance requirements for certain sole proprietorships, partnerships, or corporations without employees.]
Workers’ compensation insurance. Provider shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).
Provider shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees, and volunteers.
Rev. 06/22 Page 7 of 20 Design Professional Service Agreement [Note: If the required limits for general liability, auto, and employer’s liability are $1 million or less, the following paragraph may be omitted.] Umbrella or excess liability insurance. [If required to meet higher limits.]. Provider shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer; • “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.
Should Provider 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.
Other provisions or requirements
Proof of insurance. Provider shall provide certificates of insurance and required endorsements to Agency as evidence of the insurance coverage required herein.
Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Agency for the contract period and any additional length of time required thereafter. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. Provider 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 Provider, their agents, representatives, employees, or subconsultants.
Primary/noncontributing. Coverage provided by Provider shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or self- insurance shall be called upon to protect it as a named insured.