San Dimas City Council
July 28, 2026

NP26-006.4
by email (including .pdf format), or other means of electronic transmission shall be deemed to have the Agreement. Except where
stated otherwise in the Contract, the Parties agree that electronic signatures are permissible and have the same force and effect as original signatures, for all purposes. [Signature Page Follows]

NP26-006.4
In witness thereof, the Parties hereto have caused this Agreement to be executed by their respective officers with all the formalities required by law.

FOOTHILL TRANSIT
By:

Doran J. Barnes
Chief Executive Officer
Dated:

CITY OF SAN DIMAS
By:

Brad McKinney
City Manager
Approved as to Form:

By:

Name: ____________________
Thompson Coburn LLP
Special Counsel to Foothill Transit
Approved as to Form:

By:

Name: ________________________
Title: _________________________
Attest:

By: __________
Name: _______________________
Title: ________________________

NP26-006.4

EXHIBIT A
Grantee Application

AMERICAN MADE. AMERICAN TRUSTED. SINCE 1993.
32400 INDUSTRIAL DRIVE, MADISON HEIGHTS, MI 48071
QUOTE
Quote Number: 070926R1
Quote Date: July 9, 2026
Quote Expiration: 30 Days from Quote Date
Return to: [email protected]

PREPARED BY PROJECT NAME PAYMENT TERMS (WITH APPROVED CREDIT) LEAD TIME Ian Riley Axle Retreat Structures NET 30 ± 30 Weeks from Approvals

QTY ITEM DESCRIPTION UNIT

PRICE TOTAL
6 AX-0606-0-0-BA-AL-0-1-0-S 6’ x 6’ Axle Retreat Aluminum Structure Single Post Construction; Canopy-Style with No Walls
Terra Brown Powder Coat Painted Aluminum Finish - RAL 8028 Barrel Roof with Spoke Assembly Hub and Matching Terra Brown Glazing Epoxy Anchors Included
$8,950 $53,700
6 Axle Bench Two Column-Mounted Perforated Aluminum Seats for Axle Retreat Structure Terra Brown Powder Coat Painted Aluminum Finish - RAL 8028 $700 $4,200
6 Solar Lighting Solar Lighting Package with Solar Panel, Batteries, Solar Controller, Vented Enclosure, and 5-Watt LED Light
$1,725 $10,350
6 Anti-Graffiti Anti-Graffiti Clear Coat Applied to Terra Brown Finish $1,100 $6,600 Subtotal $74,850
Freight Included
Total $74,850
This is a quotation on the above products listed and is subject to the conditions noted below. Prices are subject to change after quote expiration date. Payment terms are subject to change per Brasco’s Financial Credit Approval Process. Credit card payments are subject to a 3% processing fee. Brasco accept s Visa, Master Card, and American Express. Offloading shipments is the responsibility of the customer. Please note that a forklift with 8’ forks is required unless otherwise noted in writing. Shelters are not shipped fully assembled. Assembly and Installation Required. All anchoring hardware is included. Lead time begins after all approvals including drawings, color selections, applicable deposits, etc. *Structural Engineering with Stamped Drawings and Structural Calculations are not included in this quotation and are an addit ional $1,975, per shelter type & location, if required. *Concrete Pad Design and Analysis, if needed, is an additional $750. Hard Copies of Calculations, if needed, are an additiona l $100 per copy. Lead time for structural calculations is +/- 12-16 weeks from approval of submittal drawing and any applicable deposits. _______________________________________________________________________________ __________________________________________ Signature of Acceptance* Date
________________________________________________________________________________ __________________________________________ Print Name Title
*The above prices, specifications and conditions are satisfactory and are hereby accepted. Brasco International, Inc. is aut horized to proceed with the supply of products as noted. Brasco International, Inc. is a vendor and not a contractor or subcontractor. Brasco International, Inc. is not subject to any payment retainage or liquidated damages. All Brasco standard terms and conditions of sale apply.

We Thank You For Your Consideration
Quoted for:

City of San Dimas
Genevieve Amaro
(909) 394-6244
[email protected]
ATTACHMENT 2

AMERICAN MADE. AMERICAN TRUSTED. SINCE 1993.
32400 INDUSTRIAL DRIVE, MADISON HEIGHTS, MI 48071
Brasco International, Inc. (“Brasco”) Standard Terms and Conditions of Sale The Brasco International, Inc. Standard Terms and Conditions of Sale (“Terms and Conditions”) are incorporated herein by reference and form part of this agreement. This quotation shall be valid for 30 days unless otherwise withdrawn by Brasco prior to Purchaser accepting. Purchaser’s issuance of either a purchase order or an acceptance shall constitute an acceptance of the Brasco Terms and Conditions. Acceptance shall be in writing. Any additional terms or modifications to the Brasco Terms and Conditions proposed by Purchaser, whether in a purchaser order or otherwise, are expressly rejected by Brasco and not part of the agreement between Brasco and Purchaser. The agreement between Brasco and the Purchaser shall be referred to herein and in the Brasco Terms and Conditions as the “Contract”. This quote constitutes an offer to sell products and services on terms expressed herein and shall be construed as inviting acceptance from the Purchaser.

Terms of Payment. Notwithstanding anything contained herein, payment shall be due in accordance with the terms of Brasco’s Acknowledgment (“Acknowledgment”), which will be generated upon receipt by Brasco of the Purchaser’s signature on the Quote or receipt by Brasco of the Purchaser’s signature on the Acknowledgment. An invoice will be generated by Brasco pursuant to the terms of payment under the Contract once Brasco has completed the Order, and the due date for the payment of balance due under the Contract shall be on the invoice.

Warranties. Components not manufactured by Brasco shall be covered by their relevant manufacturer’s warranty only. Brasco Products must be installed in accordance with Brasco’s installation instructions. The workmanship, design and machined components on the Products are warranted to conform to the applicable specifications and to be free from defects in workmanship and materials for the relevant period listed in Fig. 1. Any modifications or aftermarket additions to the original equipment voids all applicable manufacturers’ warranties. All warranties begin from the date of delivery (DOD). Brasco will transfer ownership and good title to the Products free and clear of liens and rights of third parties. THE

FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR CUSTOM, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL IMPLIED WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.

FIG. 1: STANDARD PRODUCT WARRANTIES FROM DATE OF DELIVRY General Product Workmanship 1 Year
Powder Coat Finish 1 Year
Solar Panels 1 Year Per Manufacturer’s Warranty
Solar Lighting Mounting Hardware 1 Year
LED Light Fixture & Engine 1 Year
Wire Harnesses and Connectors 1 Years
Solar Charge Controller 1 Year
Solar Batteries 1 Year
*Sealed lead acid batteries will self-discharge in storage. Batteries should be stored indoors at a recommended 68 degrees Fahrenheit for max. shelf life. Batteries should be installed no later than 3 months from delivery or the battery warranties will be void.

Limited Remedies. Any warranty claims by Purchaser shall be communicated to Brasco in writing. Failure by Purchaser to give written notice of claim within the stated warranty period shall be deemed an absolute and unconditional waiver of Purchaser’s warranty claim. Purchaser’s sole and exclusive remedy for a valid warranty claim is either repair or replacement of the Products or a full refund of the price paid by Purchaser for the Products (which remedy shall be selected by Brasco). The remedy does not include the cost of installation, removal, dismantling, or reinstallation and is limited to replacement parts. Shipping and handling fees are not included under warranty terms and are the responsibility of the Purchaser. Purchaser will provide Brasco with access to all available warranty data and the Products. Purchaser will also provide Brasco with an opportunity to participate in root cause analysis performed by Purchaser concerning the Products. Brasco shall have no liability to the extent Products are or have been: (a) modified by Purchaser or a third party; (b) modified by Brasco at Purchaser’s request; (c) made to specifications not provided by Brasco; (d) used or installed in a way not known to Brasco or operated under conditions not known to Brasco; or (e) subject to misuse, abuse or improper storage, installation or maintenance. Brasco cannot be held responsible for components that become obsolete.

Payment Late Charges, Certain Remedies and Recovery of Expenses. Except as otherwise provided in the Acknowledgment, all payments are due thirty (30) days from the date of Brasco’s invoice and shall be paid in United States currency. Purchaser shall pay a charge equal to the lesser of (i) the highest rate allowable by law or (ii) 1.5% per month (18% per annum) of the unpaid balance with respect to any late payments. In addition, Purchaser shall pay all costs and expenses incurred by Brasco, including actual attorney’s fees, which were incurred in connection with enforcing the Contract and/or collecting any past due payments. Brasco shall have the right of setoff, the right to terminate the Contract and/or the right to suspend further deliveries under the Contract and/or other agreements with Purchaser, the right to recover damages in addition to any other remedies available to Brasco as a matter of law, in the event Purchaser fails to make any payment when due. Brasco may require full or partial payment in advance of shipment if, in Brasco’s opinion, the credit or financial condition of Purchaser is, or is about to become, impaired. If Purchaser requests delayed shipment, Brasco may bill for Products when ready for shipment and charge reasonable daily storage fees. Purchaser shall not have any right of setoff against Brasco. The remedies available to Brasco for Purchaser’s breach are intended to be as flexible as permissible and cumulative to the fullest extent permissible and no choice of any one or more remedies is intended to constitute an election of remedies which would limit the ability to assert other remedies.

AMERICAN MADE. AMERICAN TRUSTED. SINCE 1993.
32400 INDUSTRIAL DRIVE, MADISON HEIGHTS, MI 48071
Brasco International, Inc. (“Brasco”) Standard Terms and Conditions of Sale Limitation of Liability:

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, EXCEPT FOR BREACH OF OBLIGATIONS OF CONFIDENTIALITY OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THE OBLIGATIONS UNDER THIS CONTRACT. THE TERM “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSS OF ANTICIPATED PROFITS, LOSS OF USE, LOSS OF REVENUE AND COST OF CAPITAL. NEITHER PARTY MAY BRING ANY ACTION, REGARDLESS OF FORM, ARISING OUT OF TRANSACTIONS UNDER THE CONTRACT, MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ACCRUED. EXCEPT FOR PERSONAL INJURY OR DEATH DUE TO BRASCO’S MISCONDUCT, the parties agree that the total damages that can be awarded in any claim by PURCHASER relating to BRASCO’s obligations under this CONTRACT (WHETHER BASED IN CONTRACT, TORT OR OTHERWISE), shall not exceed the combined total of amounts paid by PURCHASER to BRASCO under the CONTRACT. THE PARTIES EXPRESSLY AGREE THAT THE ABOVE LIMITATIONS ON LIABILITY PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT EVEN IF IT IS FOUND THAT PURCHASER’S EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Cancellation. A. Purchaser may cancel an order for “Convenience” via written notice to Brasco within 5 business days from the date of receipt by Brasco of the Purchaser’s signature on the Quote or receipt by Brasco of the Purchaser’s signature on the Acknowledgment and no cancellation fee shall be due Brasco. Cancellations of orders for reasons other than for Convenience as referred to above must be in writing and agreed to in advance by Brasco. Such cancellations are subject to a cancelation charge equal to the greater of the actual costs incurred by Brasco during the performance period or a 50% cancellation fee.

Shipping and Delivery. Brasco shall not be liable for delays or failure in performance when caused by circumstances beyond Brasco’s reasonable control. If Purchaser does not provide shipping and routing instructions, Brasco shall be the sole judge of the best method of routing shipment. All sales of Products are F.O.B. Brasco’s plant. Risk of loss of the Products shall transfer to Purchaser upon delivery of the Products to the common carrier.

Modifications and Delays. Brasco reserves the right to modify or change portions of this Contract should any assumptions specified be determined to be incorrect, or if new/ additional information relative to this Contract become available. After 90 days, any delays outside of Brasco’s control will result in price escalation using the Producer’s Price Index, as published by the Bureau of Labor Statistics: Fabricated Structural Metal Products (Series Code WPU107).

Termination by Brasco. In addition to any other rights to terminate the Contract or suspend performance under the Contract,(A) Brasco may, upon written notice to Purchaser immediately terminate all or any part of the Contract or suspend performance under the Contract, without any liability to the Purchaser and without waiving its right to damages, (a) if Purchaser (i) repudiates, breaches, or threatens to breach any of the terms of the Contract, (ii) fails to accept or threatens not to accept Products in accordance with the Contract, (iii) fails to make timely payment, or (b) upon the occurrence or threat of insolvency or bankruptcy of Purchaser; (B) Purchaser shall purchase and pay Brasco immediately for all unique raw materials, work in process and finished goods under the Contract; (C) Purchaser shall reimburse Brasco for all preparation and other expenses incurred by Brasco and/ or its subcontractors in connection with the Contract ad for all other losses and costs arising from the termination.

Lead Times. Lead time is the window of time necessary to complete an order, after the approvals process is complete. The approvals process includes satisfying Brasco’s credit terms and written approval of Brasco’s preliminary engineering drawings. Once all approvals are complete, the lead time begins, wherein detailed engineering paperwork is completed, stamped calculations are ordered, material is purchased, and the order is fabricated. For orders that endure a lengthy approvals process, lead times may shift between the time the order was placed and approved. Additionally, third party lead times and availability can directly impact Brasco’s lead times, therefore Brasco shall not be liable for any damages (actual or liquidated) caused by acts outside of its control that arise from third party suppliers.

Change Orders. Design, material, finish and quantity changes by the Purchaser to an order after preliminary engineering approval drawings are provided by Brasco are subject to a Change Order fee. Fees include a minimum administrative fee of $105.00, with relevant material cost and additional labor fees applied.

Purchaser Approvals. In accordance with the terms of this Contract, Purchaser agrees to timely execute and return to Brasco an approval of each set of drawings provided to Purchaser by Brasco including, but not limited to, Preliminary Elevation Drawings and Detailed Engineering Drawings. Failure by the Purchaser to timely execute and return to Brasco an approval of drawings provided by Brasco negatively effects lead time of the order and if same occurs, Brasco in its sole discretion shall have the unilateral right to increase the lead time to complete and deliver the order to the Purchaser or terminate the Contract.

Rejections and Returns. Purchaser will be deemed to have inspected and accepted all delivered Products unless written notice of rejection specifying the basis therefore in reasonable detail, is provided to Brasco within 10 days after delivery. Purchaser may not return Products that are not timely rejected without Brasco’s prior written approval.

Taxes. A 6% Sales tax will be billed to Michigan businesses, entities and municipalities as applicable under Michigan State law. If your business is tax exempt, please provide a Sales Tax-Exempt Certificate. Sales tax will not be billed to businesses, entities and municipalities outside the jurisdiction of the State of Michigan and is the sole responsibility of said entity to pay within its respective jurisdiction where applicable.

Governing Law, Jurisdiction and Venue. The Contract shall be governed by and construed in accordance with the laws of the State of Michigan without reference to the choice of law principles thereof. Each party irrevocably submits to the jurisdiction of the Courts of the State of Michigan and the United States District Court for the Eastern District of Michigan and hereby waives, to the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of such action or proceeding.

Severability. If any provision of this Agreement is or becomes illegal, void or invalid, that shall not affect the legality and validity of the other provisions.

ATTACHMENT 3
Brasco International Axle Retreat Bus Shelter

ATTACHMENT 4

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of July 28, 2026
From: Brad McKinney, City Manager
Prepared by: Shari Garwick, Director of Public Works
Subject: Approve Master Agreement No. 07-5367F15 with the California Department of Transportation (Caltrans) for Federal and State Funded Projects and Adoption of Resolution 2026-48 Authorizing Designated Officials to Execute Required Fiscal and Engineering Documents
____________________________________________________________________________

SUMMARY
The City has received approval from the California Department of Transportation (Caltrans) to proceed with construction of multiple federally funded transportation projects. As the administrator of federal transportation funding in California, Caltrans requires local agencies to execute an updated Master Agreement governing the administration of federal and state grant funds. The City previously approved a Master Agreement with Caltrans on June 12, 2007. Caltrans now requires execution of an updated Master Agreement. Along with the updated Master Agreement, staff is including an updated resolution that authorizes designated City officials to execute engineering and fiscal documents required for the administration of federal and state grant-funded projects.

RECOMMENDATION
Staff recommends that the City Council:

1. Approve Master Agreement No. 07-5367F15 between the California Department of Transportation (Caltrans) and the City of San Dimas for the administration of federal and state funded transportation projects; and

2. Adopt Resolution 2026-48 authorizing the City Manager, Director of Public Works, and City Engineer to execute engineering, fiscal, and related documents necessary for the administration of federal and state grant-funded projects.

GOVERNMENT CODE §84308 APPLIES:
https://leginfo.legislature.ca.gov
No

Approve Master Agreement No. 07-5367F15 Between the State of California Transportation Department (Caltrans) and the City of San Dimas Page 2
For the Meeting of July 28, 2026

FISCAL IMPACT
There is no fiscal impact associated with the recommended actions. Approval of the Master Agreement and Resolution authorizes the administrative execution of grant documents and does not obligate the City to expend additional funds.

BACKGROUND
The City receives federal and state transportation grant funding through Caltrans, which serves as the administering agency for these programs. The City approved a Master Agreement with Caltrans on June 12, 2007, establishing the framework for administering federally and statefunded transportation projects. Caltrans now requires execution of an updated Master Agreement before entering into Program Supplement Agreements for current and future federally funded projects.

DISCUSSION/ANALYSIS
To remain eligible for federal and state transportation funding, the City must execute the updated Master Agreement with the California Department of Transportation (Caltrans), as well as a Program Supplement Agreement for each individual grant-funded project. These agreements are required before Caltrans can authorize reimbursement of eligible project costs. Without the updated Master Agreement, the City will be unable to receive reimbursement for federally funded transportation projects.

The City currently has two federally funded pavement rehabilitation projects that require execution of the updated Master Agreement.

The first project consists of pavement rehabilitation on Arrow Highway from Valley Center Avenue to approximately 800 feet west of San Dimas Canyon Road (City limits). The City was awarded $2.4 million in federal funding through the Community Project Funding/Congressionally Directed Spending Program.

The second project includes pavement rehabilitation on Badillo Street from Covina Boulevard to Valley Center Avenue and on Covina Hills Road from Via Verde to approximately 200 feet north of Calle Francesca. The City is expected to receive $2.157 million in federal Surface Transportation Block Grant (STBG) funding toward the project's estimated total cost of $2.869 million.

Both projects are in the final stages of federal authorization and are anticipated to begin construction within the next six months, pending execution of the required agreements.

Administration of federal and state grants requires numerous engineering, right-of-way, utility, environmental, and financial certifications throughout project development and construction. In addition, the City must submit and certify reimbursement requests and supporting documentation to Caltrans for eligible project expenditures.

Resolution 2026-48 authorizes the City Manager, Director of Public Works, and City Engineer to execute the engineering certifications, financial documents, reimbursement requests, and other required grant administration documents on behalf of the City. Providing this authority streamlines

Approve Master Agreement No. 07-5367F15 Between the State of California Transportation Department (Caltrans) and the City of San Dimas Page 3
For the Meeting of July 28, 2026
project delivery by eliminating the need for City Council approval of routine administrative documents, thereby avoiding unnecessary delays in project authorization and reimbursement.

ALTERNATIVES
The Council may elect not to authorize designees to submit project related documents to Caltrans.

If so, these documents would require Council approval.

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,
Shari Garwick
Director of Public Works
Attachments:

1. Caltrans Master Agreement

2. Resolution 2026-48

07 City of San Dimas
-------- ---------------------------------------------- District Administering Agency
Agreement No. 07-5367F15
This AGREEMENT, is entered into effective this _______ day of ____________, 20 , by and between City of San Dimas, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY."
RECITALS:

1. WHEREAS, the Congress of the United States has enacted the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and subsequent Transportation Authorization Bills to fund transportation programs; and

2. WHEREAS, the Legislature of the State of California has enacted legislation by which certain federal-aid funds may be made available for use on local transportation related projects of public entities qualified to act as recipients of these federal-aid funds in accordance with the intent of federal law; and

3. WHEREAS, before federal funds will be made available for a specific program project, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving federal funds for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.

NOW, THEREFORE, the PARTIES agree as follows:

MASTER AGREEMENT

ADMINISTERING AGENCY-STATE AGREEMENT

FEDERAL-AID PROJECTS

ATTACHMENT 1

ARTICLE I - PROJECT ADMINISTRATION

1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project-specific "Authorization/Agreement Summary", herein referred to as "E-76" document, is approved by STATE and the Federal Highway Administration (FHWA).

2. The term "PROJECT", as used herein, means that authorized transportation related project and related activities financed in part with federal-aid funds as more fullydescribed in an "Authorization/ Agreement Summary" or "Amendment/Modification Summary", herein referred to as "E-76" or "E-76 (AMOD)" document authorized by STATE and the Federal Highway Administration (FHWA).

3. The E-76/E-76 (AMOD) shall designate the party responsible for implementing PROJECT, type of work and location of PROJECT.

4. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive federal-aid funds from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these federal funds that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.

5. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend future authorizations/obligations and invoice payments for any on-going or future federal-aid project performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by STATE in writing.

6. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of federal funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all of the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.

7. Federal, state and matching funds will not participate in PROJECT work performed in advance of the approval of the E-76 or E-76 (AMOD), unless otherwise stated in the executed project- specific PROGRAM SUPPLEMENT. ADMINISTERING AGENCY agrees that it will only proceed with the work authorized for that specific phase(s) on the project-specific E-76 or E-76 (AMOD). ADMINISTERING AGENCY further agrees to not proceed with future phases of PROJECT prior to receiving an E-76 (AMOD) from STATE for that phase(s) unless no further federal funds are needed or for those future phase(s).

8. That PROJECT or portions thereof, must be included in a federally approved Federal Statewide Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submitting the "Request for Authorization".

9. ADMINISTERING AGENCY shall conform to all state statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.

10. If PROJECT is not on STATE-owned right of way, PROJECT shall be constructed in accordance with LOCAL ASSISTANCE PROCEDURES that describes minimum statewide design standards for local agency streets and roads. LOCAL ASSISTANCE PROCEDURES for projects off the National Highway System (NHS) allow STATE to accept either the STATE''s minimum statewide design standards or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY- approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current LOCAL ASSISTANCE PROCEDURES.

11. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and, where appropriate, an executed Cooperative Agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights of way or work which affects STATE facilities.

12. When PROJECT is not on the State Highway System but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.

13. If PROJECT is using STATE funds, the Department of General Services, Division of the State Architect, or its designee, shall review the contract PS''&''E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. ADMINISTERING AGENCY shall not award a PROJECT construction contract for these types of improvements until the State Architect has issued written approval stating that the PROJECT plans and specifications comply with the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.

14. ADMINISTERING AGENCY will advertise, award and administer PROJECT in accordance with the current LOCAL ASSISTANCE PROCEDURES unless otherwise stated in the executed project-specific PROGRAM SUPPLEMENT.

15. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a full-time employee to be in responsible charge of each PROJECT who is not a consultant.

16. ADMINISTERING AGENCY shall submit PROJECT-specific contract award documents to STATE''s District Local Assistance Engineer within sixty (60) days after contract award. A copy of the award documents shall also be included with the submittal of the first invoice for a construction contract by ADMINISTERING AGENCY.

17. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Report of Expenditures" within one hundred eighty (180) days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LOCAL ASSISTANCE PROCEDURES.

18. ADMINISTERING AGENCY shall comply with: (i) section 504 of the Rehabilitation Act of 1973 which prohibits discrimination on the basis of disability in federally assisted programs; (ii) the Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination on the basis of disability irrespective of funding; and (iii) all applicable regulations and guidelines issued pursuant to both the Rehabilitation Act and the ADA.

19. The Congress of the United States, the Legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM (Exhibit A attached hereto) and the NONDISCRIMINATION ASSURANCES (Exhibit B attached hereto).

ADMINISTERING AGENCY further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of PROJECT-related work shall incorporate Exhibits A and B (with third party''s name replacing ADMINISTERING AGENCY) as essential parts of such agreement to be enforced by that third party as verified by ADMINISTERING AGENCY.

ARTICLE II - RIGHTS OF WAY

1. No contract for the construction of a federal-aid PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights of way are available for construction purposes or will be available by the time of award of the construction contract.

2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right of way for a PROJECT, including, but not limited to, being clear as certified or if said right of way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. The furnishing of right of way as provided for herein includes, in addition to all real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of relocation costs and damages to remainder real property not actually taken but injuriously affected by PROJECT. ADMINISTERING AGENCY shall pay, from its own nonmatching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.

3. Subject to STATE approval and such supervision as is required by LOCAL ASSISTANCE PROCEDURES over ADMINISTERING AGENCY''s right of way acquisition procedures, ADMINISTERING AGENCY may claim reimbursement from federal funds for expenditures incurred in purchasing only the necessary rights of way needed for the PROJECT after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY.

4. When real property rights are to be acquired by ADMINISTERING AGENCY for a PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with all applicable State and Federal laws and regulations, in accordance with State procedures as published in State''s current LOCAL ASSISTANCE PROCEDURES and STATE''s Right-of-Way Manual, subject to STATE oversight to ensure that the completed work is acceptable under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.

5. Whether or not federal-aid is to be requested for right of way, should ADMINISTERING AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm operation, or non-profit organization, relocation payments and services will be provided as set forth in 49 CFR, Part 24. The public will be adequately informed of the relocation payments and services which will be available, and, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from his/her dwelling or to move his/her business or farm operation without at least ninety (90) days written notice from ADMINISTERING AGENCY.

ADMINISTERING AGENCY will provide STATE with specific assurances, on each portion of the PROJECT, that no person will be displaced until comparable decent, safe and sanitary replacement housing is available within a reasonable period of time prior to displacement, and that ADMINISTERING AGENCY''s relocation program is realistic and adequate to provide orderly, timely and efficient relocation of PROJECT-displaced persons as provided in 49 CFR, Part 24.

6. ADMINISTERING AGENCY shall, along with recording the deed or instrument evidencing title in the name of the ADMINISTERING AGENCY or their assignee, also record an Agreement Declaring Restrictive Covenants (ADRC) as a separate document incorporating the assurances included within Exhibits A and B and Appendices A, B, C and D of this AGREEMENT, as appropriate.

ARTICLE III - MAINTENANCE AND MANAGEMENT

1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide.

With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.

2. Upon ADMINISTERING AGENCY''s acceptance of the completed federal-aid construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and FHWA and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE and FHWA. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future federal-aid projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE and FHWA. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE''s concurrence.

3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.

ARTICLE IV - FISCAL PROVISIONS

1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission (CTC).

2. STATE''S financial commitment of federal funds will occur only upon the execution of this AGREEMENT, the authorization of the project-specific E-76 or E-76 (AMOD), the execution of each project-specific PROGRAM SUPPLEMENT, and STATE''s approved finance letter.

3. ADMINISTERING AGENCY may submit signed invoices in arrears for reimbursement of participating PROJECT costs on a regular basis once the project-specific PROGRAM SUPPLEMENT has been executed by STATE.

4. ADMINISTERING AGENCY agrees, at a minimum, to submit invoices at least once every six (6) months commencing after the funds are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on-going or future federal-aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six (6) month period.

5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.

6. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency''s progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursement of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY.

8. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits ''&'' Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.

9. Once PROJECT has been awarded, STATE reserves the right to de-obligate any excess federal funds from the construction phase of PROJECT if the contract award amount is less than the obligated amount, as shown on the PROJECT E-76 or E-76 (AMOD).

10. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

11. The estimated total cost of PROJECT, the amount of federal funds obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES hereto with a finance letter, a detailed estimate, if required, and approved E-76 (AMOD). Federal-aid funding may be increased to cover PROJECT cost increases only if such funds are available and FHWA concurs with that increase.

12. When additional federal-aid funds are not available, ADMINISTERING AGENCY agrees that the payment of federal funds will be limited to the amounts authorized on the PROJECT specific E-76 / E-76 (AMOD) and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY''s own funds.

13. ADMINISTERING AGENCY shall use its own non-federal funds to finance the local share of eligible costs and all expenditures or contract items ruled ineligible for financing with federal funds. STATE shall make the determination of ADMINISTERING AGENCY''s cost eligibility for federal fund financing of PROJECT costs.

14. ADMINISTERING AGENCY will reimburse STATE for STATE''s share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE''s costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.

15. Federal and state funds allocated from the State Transportation Improvement Program (STIP) are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC and STATE.

16. Federal funds encumbered for PROJECT are available for liquidation for a period of six (6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. State funds encumbered for PROJECT are available for liquidation only for six (6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. Federal or state funds not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance (per Government Code section 16304). The exact date of fund reversion will be reflected in the STATE signed finance letter for PROJECT.

17. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.

18. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.

19. ADMINISTERING AGENCY agrees, and will ensure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.

20. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A''&''E services), and other applicable STATE and FEDERAL regulations.

21. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.

22. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty 30 days of demand, or within such other period as may be agreed to in writing between the PARTIES, STATE, acting through the State Controller, the State Treasurer, or any other public entity or agency, may withhold or demand a transfer of an amount equal to the amount paid by or owed to STATE from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may withhold approval of future ADMINISTERING AGENCY federal-aid projects.

23. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV - 22, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.

24. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE''s ability to recover State funds improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.

ARTICLE V

AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS

1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of ARTICLE V.

2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.

3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.

4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year. The Federal Funds received under a PROGRAM SUPPLEMENT are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205.

5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.

6. ADMINISTERING AGENCY shall not award a non-A'&'E contract over $5,000, construction contract over $10,000, or other contracts over $25,000 (excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)) on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.

7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions 5, 6, 17, 19 and 20 of ARTICLE IV, FISCAL PROVISIONS, and provisions 1, 2, and 3 of this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING RECORDS RETENTION AND REPORTS.

8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner as required of all other PROJECT expenditures.

9. In addition to the above, the pre-award requirements of third-party contractor/consultants with ADMINISTERING AGENCY should be consistent with the LOCAL ASSISTANCE PROCEDURES.

ARTICLE VI - FEDERAL LOBBYING ACTIVITIES CERTIFICATION

1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of the signatory officer's knowledge and belief, that:

A. No federal or state appropriated funds have been paid or will be paid, by or on behalf of ADMINISTERING AGENCY, to any person for influencing or attempting to influence an officer or employee of any STATE or federal agency, a member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any STATE or federal contract, including this AGREEMENT, the making of any STATE or federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any STATE or federal contract, grant, loan, or cooperative contract.

B. If any funds other than federal appropriated funds have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this AGREEMENT, grant, local, or cooperative contract, ADMINISTERING AGENCY shall complete and submit Standard Form-LLL, "Disclosure Form to Rep Lobbying," in accordance with the form instructions.

C. This certification is a material representation of fact upon which reliance was placed when this AGREEMENT and each PROGRAM SUPPLEMENT was or will be made or entered into. Submission of this certification is a prerequisite for making or entering into this AGREEMENT imposed by Section 1352, Title 31, United States Code. Any party who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

2. ADMINISTERING AGENCY also agrees by signing this AGREEMENT that the language of this certification will be included in all lower tier sub-agreements which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly.

ARTICLE VII - MISCELLANEOUS PROVISIONS

1. ADMINISTERING AGENCY agrees to use all state funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and the relevant Federal Regulations.

2. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE or the federal government.

4. Each project-specific E-76 or E-76 (AMOD), PROGRAM SUPPLEMENT and Finance Letter shall separately establish the terms and funding limits for each described PROJECT funded under the AGREEMENT. No federal or state funds are obligated against this AGREEMENT.

5. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT.

ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.

6. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the work actually performed, or in STATE's discretion, to deduct from the price of consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

7. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.

8. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE, FHWA or Federal Transit Administration (FTA) that may have an impact upon the outcome of this AGREEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of this AGREEMENT.

9. ADMINISTERING AGENCY hereby certifies that it does not have nor shall it acquire any financial or business interest that would conflict with the performance of PROJECT under this AGREEMENT.

10. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or

paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the work actually performed, or to deduct from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

11. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Officer who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY.

The decision of the Contract Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer.

12. Neither the pending of a dispute nor its consideration by the Contract Officer will excuse ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT.

13. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.

14. Neither STATE nor any officer or employee thereof shall be responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under, or in connection with, any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.

15. STATE reserves the right to terminate funding for any PROJECT upon written notice to ADMINISTERING AGENCY in the event that ADMINISTERING AGENCY fails to proceed with PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT, the bonding requirements if applicable, or otherwise violates the conditions of this AGREEMENT and/or PROGRAM SUPPLEMENT, or the funding allocation such that substantial performance is significantly endangered.

16. No termination shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if not reasonably susceptible of cure within said thirty (30) day period, ADMINISTERING AGENCY proceeds thereafter to complete the cure in a manner and time line acceptable to STATE. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date,

ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.

17. In case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project- specific PROGRAM SUPPLEMENT, the terms stated in that PROGRAM SUPPLEMENT shall prevail over those in this AGREEMENT.

18. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.

19. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.

City of San Dimas
City of San Dimas
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
________________________________
Chief, Office of Project Management ________________________________ Oversight
Division of Local Assistance
Representative Name & Title
(Authorized Governing Body
Representative)
By______________________________ By______________________________ Date______________________________ Date______________________________ ________________________________

EXHIBIT A

FAIR EMPLOYMENT PRACTICES ADDENDUM

1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, sexual orientation, religion, ancestry or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following:
employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.

2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 1290-0 et seq.), and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY''S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.

3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.

4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.

5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429.
(b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by

ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY''s breach of this Agreement.

EXHIBIT B

NONDISCRIMINATION ASSURANCES
ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C.
2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal-aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which ADMINISTERING AGENCY receives federal financial assistance from the Federal Department of Transportation. ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS.

More specifically, and without limiting the above general assurance, ADMINISTERING AGENCY hereby gives the following specific assurances with respect to its federal-aid Program:

1. That ADMINISTERING AGENCY agrees that each "program" and each "facility" as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS.

2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the federal-aid Program and, in adapted form, in all proposals for negotiated agreements:

ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively ensure that in any agreement entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award.

3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS.

4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or interest therein.

5. That where ADMINISTERING AGENCY receives federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith.

6. That where ADMINISTERING AGENCY receives federal financial assistance in the form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property.

7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other parties:

Appendix C;
(a) for the subsequent transfer of real property acquired or improved under the federal-aid Program ; and
Appendix D;
(b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the federal-aid Program.

8. That this assurance obligates ADMINISTERING AGENCY for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of, personal property or real property or interest therein, or structures, or improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any transferee for the longer of the following periods:
(a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
(b) the period during which ADMINISTERING AGENCY retains ownership or possession of the property.

9. That ADMINISTERING AGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub-grantees, applicants, sub-applicants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement.

10. That ADMINISTERING AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance.

11. ADMINISTERING AGENCY shall not discriminate on the basis of race, religion, age, disability, color, national origin or sex in the award and performance of any STATE assisted contract or in the administration on its DBE Program or the requirements of 49 CFR Part 26. ADMINISTERING AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in the award and administration of STATE assisted contracts. ADMINISTERING AGENCY''S DBE Implementation Agreement is incorporated by reference in this AGREEMENT. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved

DBE Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and/or the Program Fraud Civil Remedies Act of 1985 (31USC 3801 et seq.)
THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all federal grants, loans, agreements, property, discounts or other federal financial assistance extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients, subgrantees, applicants, sub-applicants, transferees, successors in interest and other participants in the federal-aid Highway Program.

APPENDIX A TO EXHIBIT B
During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as follows:
(1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of subapplicants, including procurements of materials and leases of equipment.

ADMINISTERING AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS.
(3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by ADMINISTERING AGENCY of the ADMINISTERING AGENCY''s obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: ADMINISTERING AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to ADMINISTERING AGENCY''s books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts ADMINISTERING AGENCY has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY''s noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to ADMINISTERING AGENCY under the Agreement within a reasonable period of time, not to exceed 90 days; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. ADMINISTERING AGENCY shall take such action with respect to any sub-agreement or procurement as STATE or FHWA may direct as a means of

enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event ADMINISTERING AGENCY becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX B TO EXHIBIT B
The following clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT real property, structures or improvements thereon, or interest therein from the United States.
(GRANTING CLAUSE)
NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of federal-aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the ADMINISTERING AGENCY all the right, title, and interest of the U.S. Department of Transportation in, and to, said lands described in Exhibit "A" attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on ADMINISTERING AGENCY, its successors and assigns.

ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns,
(1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) (and) * (2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (;) and
(3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the U.S. Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the above-described land and facilities shall thereon revert to and vest in and become the absolute property of the U.S.

Department of Transportation and its assigns as such interest existed prior to this deed.*
* Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.

APPENDIX C TO EXHIBIT B
The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7(a) of Exhibit B.

The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U.S.

Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above- described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.

APPENDIX D TO EXHIBIT B
The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of Exhibit B.

The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land") that:
(1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above- described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY, and its assigns. __________________________________________
* Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964..

ATTACHMENT 2
RESOLUTION 2026-48

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS

ANGELES, APPROVING AND AUTHORIZING THE CITY MANAGER, DIRECTOR OF PUBLIC

WORKS AND/OR CITY ENGINEER TO EXECUTE ALL RIGHT OF WAY CERTIFICATIONS ON

ALL STATE AND/OR FEDERALLY FUNDED PROJECTS, AND TO SIGN ALL STATE AND/OR

FEDERAL FUNDING DOCUMENTS ASSOCIATED WITH GRANT FUNDING ALLOCATIONS PURSUANT TO MASTER AGREEMENT NO. 07-5367F15 BETWEEN THE CITY OF SAN

DIMAS AND THE STATE OF CALIFORNIA
WHEREAS, all federally funded right of way projects are implemented through the California Department of Transportation; and
WHEREAS, pursuant to Section 17.08 of Chapter 17 of Caltrans Right of Way Manual, “Right of Way” certification and utility rights must be executed by an authorized official of the City of San Dimas, for such projects prior to advertising bids for construction on such projects; and WHEREAS, in accordance with said section of the Caltrans Right of Way Manual, a resolution giving a responsible agency official blanket authority to execute Right of Way certifications and utility rights must be adopted by the City Council; and WHEREAS, authorizing the City Manager, Director of Public Works, and/or City Engineer to sign Program Supplement Agreements which must be submitted within 60 days of Caltrans notification and funding allocation request letters or finance documents, which must be submitted within six months of any grant award notification letter, will expedite the funding allocation requirements for project delivery.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Dimas that:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Council hereby authorizes the City Manager, Director of Public Works and/or City Engineer to execute all right of way certifications and utility rights for all state and/or federally funded projects and to include in such certification Caltrans required indemnification language in the following form or such form required by Caltrans from time to time. “The City of San Dimas City Council (City Council) agrees to indemnify, defend and hold harmless the Department of Transportation (Caltrans) from any and all liabilities which may result in the event the right of way for a project is not clear or certified. The City Council shall pay from its own non-matching funds any costs which arise out of delays to the construction of the project because utility facilities have not been removed or relocated or because right of way has not been made available to Council for the orderly performance of the project.” SECTION 3. The City Council hereby authorizes the City Manager, Director of Public Works and/or City Engineer to sign funding allocation request letters for all state and/or federally funded projects.

SECTION 4. The City Council hereby authorizes the City Manager, Director of Public Works and/or City Engineer to sign Program Supplement Agreements to Master Agreement No. 07-5367F15.

Resolution 2026-48 Page 2
Master Agreement No. 07-5367F15 City of San Dimas and the State of California July 28, 2028
SECTION 5. The City Mayor shall sign Resolution 2026-48, and the City Clerk shall attest and certify to the passage and adoption of this resolution and it shall become effective immediately upon its approval.

PASSED, APPROVED AND ADOPTED this 28th day of July, 2026. ____________________________________
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 Resolution 2026-48 was duly adopted and passed at a regular meeting of the San Dimas City Council on the 28th, day of July, 2026 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 July 28, 2026
From: Brad McKinney, City Manager
Prepared by: Hilly Sebadja, Sr. Management Analyst
Subject: Adopt a Position to Support and Join the Coalition led by the California Joint Powers Insurance Authority (CJPIA) to Support Local Government Liability Reform
____________________________________________________________________________

SUMMARY
Public entity liability costs in California have tripled over the past seven years, directly impacting the City with an average 31% annual increase in liability insurance expenses over the past three years. In response, a Statewide coalition led by the California Joint Powers Insurance Authority (CJPIA) is advocating for legislative reforms, including damage caps and proportional liability. Staff recommends the City Council support these efforts and authorize joining the coalition letter to the State Legislature.

RECOMMENDATION
Staff recommends that the City Council:
• Take a position of support and authorize staff to issue a statement confirming the City's inclusion in the coalition letter urging legislative reform regarding civil actions against public entities.

GOVERNMENT CODE §84308 APPLIES:
https://leginfo.legislature.ca.gov
No

FISCAL IMPACT
There is no fiscal impact for the recommended action.

Support and Join the Coalition Led by California Association of Joint Powers Authorities Advocating for Tort Reforms to Minimize Liability and Risk for Public Agencies Page 2 For the Meeting of July 28, 2026

BACKGROUND
Public agencies across California face rising liability costs driven by "nuclear verdicts" and large settlements, putting substantial pressure on local agency budgets and general funds. In response, the California Joint Powers Insurance Authority (CJPIA) is advocating for meaningful reform to address these growing challenges.

Recent data from the California Association of Joint Powers Authorities (CAJPA) shows that public-entity liability costs statewide have tripled over the past seven years, now exceeding $7 billion in known exposures. Costs are projected to rise another 70% by Fiscal Year 2027–28. For context, the City's liability insurance expenses have increased by an average of 31% annually over the last three years.

A coalition led by CJPIA is requesting support for legislative reforms, which include establishing tort caps, implementing proportional liability for economic damages, and strengthening evidentiary standards for certain claims. The League of California Cities has joined the coalition alongside CJPIA member agencies, local governments, school districts, and other joint powers authorities.

DISCUSSION/ANALYSIS
The coalition's letter to the State Legislature urges comprehensive reform measures for civil actions against public entities, including at minimum: defined benefits and caps on damages in civil actions against public entities, proportional (several) liability for economic damages, and heightened evidentiary and procedural standards. Staff is recommending the City Council support the initiatives and join the coalition letter.

ALTERNATIVES
Council could elect not to support the coalition initiatives and take another action the Council deems appropriate.

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,
Hilly Sebadja
Sr. Management Analyst
Attachments:

1. Coalition Letter Need for Tort Reform 7.17.26

ATTACHMENT 1

California Insurance Pool Authority

Date: July 17, 2026
To: Members, California State Legislature
Urgent Need for Comprehensive Tort Reform to Protect California Taxpayers, Survivors, and Essential Public Services
On behalf of the undersigned organizations, we urge the Legislature to enact meaningful tort reform for civil actions against public entities. New data released by the California Association of Joint Powers Authorities (CAJPA) confirms what our members have been warning

lawmakers about for years: public-entity liability costs have tripled in the last seven years, now exceeding $7 billion in known exposure. Costs are on pace to grow another 70 percent by 2027–28. The fiscal trajectory is unsustainable, the structure of liability is fundamentally unfair to taxpayers, and the consequences are now measured in billions of dollars diverted away from classrooms, fire stations, roads, mental health services, and the essential programs Californians depend on every day.

Our organizations share a deep and unwavering commitment to ensuring that survivors of harm receive justice, support, and meaningful compensation. California’s public agencies are not asking for insulation from accountability. We do not seek to deny survivors their day in court. Instead, we seek to fix a system that, as currently structured, transfers enormous wealth to plaintiffs’ law firms and threatens the financial solvency of the very public agencies tasked with protecting and serving our vulnerable community members. The longer the Legislature waits, the more public services will be cut, the more agencies will face insolvency.

The Path Forward. We urge the Legislature to advance a comprehensive tort reform package for civil actions against public entities that, at minimum, includes the following:
• Defined benefits including caps on damages in civil actions against public entities, ensuring survivors and other injured parties are made whole while preserving the capacity to deliver essential public services. • Proportional (several) liability for economic damages in civil actions against public entities, so that taxpayers pay only for the share of harm actually attributable to the public agency. This way the perpetrators bear the cost of their own conduct and not taxpayers.
• Heightened evidentiary and procedural standards for claims where witnesses, records, and evidence archives are absent or insufficient to assign culpability.

Why are Billions of Taxpayer Dollars Being Diverted from Essential Services? AB 218 (Gonzalez, Chapter 861, Statutes of 2019) related to childhood sexual assault is one stark driver, but it is not the only one. Across the spectrum of civil litigation against public entities — from premises liability to dangerous conditions — plaintiffs’ firms are increasingly targeting governmental defendants precisely because they are perceived as having the deepest pockets. The result is an unreasonable transfer of public resources to private wealth that the Legislature has both the power and the responsibility to address
How Are Claims Against Public Entities Funded? Most cities, counties, special districts, and school districts in California do not purchase liability coverage from traditional commercial insurance carriers because it is either too expensive, does not provide sufficient coverage, or is simply not offered. Instead, they self-fund their liability coverage or they collectively pool risk through Joint Powers Authorities (JPAs), which are not insurance companies with large capital reserves. Every self-funded claim, including those paid out of a JPA, comes from taxpayer-funded member contributions

paid by cities, counties, schools, and other public agencies from the same general fund dollars that pay for police officers, firefighters, teachers, road crews, and homelessness response.

When a JPA pays out claims of magnitude, every member agency in that pool feels it through higher premiums, the potential need for special assessments, reduced coverage limits, and/or increasingly, the inability to obtain coverage at all. Public agencies that have never had a single AB 218 claim filed against them are facing double-digit premium increases. For schools, this means Proposition 98 education dollars intended to support today’s students are paying for decades-old liabilities. Even for cities and counties that have few claims filed against them it means delaying critical infrastructure maintenance and reducing local government’s ability to provide social-safety-net services to the most vulnerable Californians.

Plaintiffs’ Attorneys Are on Track to Profit Over Half a Billion Taxpayer Dollars Every Year. In civil actions against public entities, plaintiffs’ counsel commonly recover contingency fees of 40 percent or more of the gross judgment or settlement. Even using a conservative 30 percent contingency assumption, estimated plaintiff attorney fees in actions against California public entities have climbed to over $500 million annually. In many individual cases, attorney fees approach 50 percent of the taxpayer-funded settlement or award. That means that for every $10 million paid by a city, county, JPA, or school district, as much as $4 to $5 million is paid to a private law firm. It does not go to the survivor, nor does it go to mental health services, prevention or victim assistance, or back to the taxpayers who funded the payment. Plaintiffs’ firms are, in many cases, the single largest beneficiaries of the current system.

Caps on Damages Are Essential to Preserve Public Services and Solvency.

Support for meaningful tort reform must include caps on damages in actions against public entities. Without such caps, the cascading effects of recent legislation will only worsen, and the very real threat of insolvency among California’s public agencies, already materializing in some regions, will only accelerate. California already imposes reasonable limits in medical malpractice cases under MICRA, recognizing the public interest in such restrictions. The same principle should apply when taxpayer dollars are the source of the payment.

Public Entities Should Pay in Proportion to Their Actual Fault — Not for the Crimes of Others. Under California’s current liability structure, a public entity found just one percent at fault can be ordered to pay the entirety of a plaintiff’s economic damages — even when the overwhelming majority of fault lies with a criminal actor who has no assets to satisfy a judgment.

The result is morally indefensible: perpetrators escape financial accountability for their conduct, while taxpayers — through their cities, counties, transit agencies, and school districts — are forced to pay for the harm that resulted. It allows perpetrators to walk away while public services are gutted to satisfy awards for conduct the public entity did not commit. The Legislature must restore proportional (several) liability for economic damages in actions against public entities, so that they are responsible only for the share of harm attributable to the public agency’s own conduct.

Survivors Deserve Their Day in Court, and Public Entities Deserve a Meaningful Opportunity to Defend. Restoring balance to AB 218 claims involving decades-old conduct does not require closing the courthouse door to survivors. Rather, it requires recognizing that, after decades have passed, the records and witnesses needed to fairly adjudicate a claim are often incomplete or simply gone. For claims involving conduct that occurred decades ago, we urge the Legislature to restore balance by reinstating a prior-knowledge requirement, paired with a clear-and-convincing-evidence standard.

Prior to AB 218, California law permitted survivors to bring claims against public entities outside the statute of limitations, when a plaintiff could show the entity "knew or had reason to know, or was otherwise on notice, of any unlawful sexual conduct" by the perpetrator and failed to implement reasonable safeguards. That framework provided a meaningful path to justice for survivors with evidence of institutional culpability while also protecting taxpayers from liability for conduct the public entity had no realistic means to anticipate, prevent, or now defend against.

Our coalition stands ready to work with the Legislature, the Administration, and the survivor community to craft a balanced, durable solution so that necessary action can be taken now. Detailed findings and supporting data are available in CAJPA’s recent report, Protecting Public Funds: The Rising Cost of Claims Against California Public Entities. Please do not hesitate to contact us with questions or to discuss specific legislative vehicles.

Sincerely,
California Association of Joint Powers Authorities (CAJPA) California School Boards Association (CSBA)
California Association of School Business Officials (CASBO) Los Angeles Unified School District (LAUSD)
Association of California School Administrators (ACSA)
The Rural County Representatives of California (RCRC)
California Association of Recreation and Park Districts (CARPD) California Special Districts Association (CSDA)
League of California Cities
California Association of Suburban School Districts
California Latino School Boards Association
California LULAC (League of United Latin American Citizens) ABC Unified School District
Alameda County Schools Insurance Group
Anderson Valley Unified School District
Beta Healthcare Group
Bennett Valley Union School District
Brett Harte Union High School District
Buckeye Union School District
Butte Schools Self-Funded Programs
Cajon Valley Union School District

California Affiliated Risk Management Authorities (CARMA) California Insurance Pool Authority
California Intergovernmental Risk Authority (CIRA)
California Joint Powers Risk Management Authority (CJPRMA) Camino Union Elementary School District
Central Fire District, Santa Cruz County
Central Region School Insurance Group
Central San Joaquin Valley Risk Management Authority (CSJVRMA) City of Artesia
City of Bakersfield
City of Bellflower
City of Blythe
City of Calimesa
City of Canyon Lake
City of Carson
City of Chico
City of Citrus Heights
City of Cloverdale
City of Coalinga
City of Colton
City of Corona
City of Cotati
City of Dunsmuir
City of Eastvale
City of El Segundo
City of Elk Grove
City of Eureka
City of Fairfield
City of Folsom
City of Fort Bragg
City of Grass Valley
City of Hemet
City of Highland
City of Jurupa Valley
City of La Mesa
City of La Mirada
City of Lake Elsinore
City of Lake Port
City of Live Oak
City of Long Beach
City of Madera
City of Marysville
City of Menifee
City of Merced
City of Moreno Valley
City of Mt. Shasta

City of Murrieta
City of National City
City of Norco
City of Oakdale
City of Oroville
City of Paramount
City of Perris
City of Petaluma
City of Pico Rivera
City of Placerville
City of Rancho Cordova
City of Rancho Cucamonga
City of Reedley
City of Ripon
City of Riverside
City of Roseville
City of Sacramento
City of Shasta Lake
City of South Gate
City of St. Helena
City of Stanton
City of Tehama
City of Tracy
City of Tustin
City of Upland
City of Vacaville
City of Vernon
City of Walnut Creek
City of Weed
City of Whittier
City of Willows
City of Yorba Linda
City of Yreka
Corona Norco Unified School District
County of Butte
County of Humboldt
County of Inyo
County of Kings
County of Merced
County of Riverside
County of San Bernardino
County of Siskiyou
County of Solano
County of Tehama
County of Trinity
County of Yuba

Desert Sands Unified School District
Dunham Elementary School
East Bay Schools Insurance Group (EBSIG)
East Side Union High School District
El Dorado County Office of Education (EDCOE)
Employment Risk Management Authority (ERMA)
Folsom Cordova Unified School District
Galt Joint Union Elementary School District
Garden Grove Unified School District
Golden State Risk Management Authority
Hermosa Beach City School District
Hope School District
Huntington Beach City School District
Indian Diggins School District
Irvine Unified School District
Jurupa Unified School District
Kelseyville Unified School District
Kern County Superintendent of Schools (KCSOS)
Kings County Office of Education
Konocti Unified School District
La Mesa Spring Valley Schools
Lemon Grove School District
Lindsay Unified School Districts
Livermore Valley Joint Unified School District
Livingston Union School District
Los Altos School District
Lynwood Unified School District
Moreno Valley Unified School District
Mt. Diablo Unified School District
New Haven Unified School District
Natomas Charter School
NorCal Cities Self-Insurance Fund
North Coast Schools Insurance Group
Northern California Regional Liability Excess Fund (NCR) Northern California Schools Insurance Group
Oroville City Elementary School District
Oroville Union High School District
Palo Verde Valley Transit Agency (PVVTA)
Palm Springs Unified School District
Poway Unified School Districts
Redondo Beach Unified School District
Redwood Empire Schools Insurance Group (RESIG)
Riverside Unified School District
Rowland Unified School District
San Marcos Unified School District
San Mateo Schools Insurance Group

Santa Clara Unified
Santa Rosa City Schools
School & College Legal Services of California
Schools Association For Excess Risk (SAFER)
Schools Excess Liability Fund (SELF)
Schools Insurance Authority (SIA)
Schools Insurance Group
Sebastopol Charter
Sebastopol Independent Charter School
Shasta-Trinity Schools Insurance Group
Sierra Sands Unified School District
Sonoma Charter School
Sonoma County Office of Education
Southern California Regional Liability Excess Fund (SCR) Special District Risk Management Authority
Torrance Unified School Districts
Town of Truckee
Trindel Risk Management for Rural Counties
Tulare Joint Union High School District
Tuolumne JPA
Upper Lake Unified School District
West Covina Unified School District
West Side Union Elementary School District
Westminster School District
Wheatland Union High School District
Wright Elementary School District

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of July 28, 2026
From: Brad McKinney, City Manager
Prepared by: Hilly Sebadja, Sr. Management Analyst
Subject: Approve San Dimas Dial-a-Cab Service Hour Change ____________________________________________________________________________

SUMMARY
Approve a change to the Prop A-funded Dial-a-Cab (DAC) service hours from 24 hours a day, 7 days a week, to 7:00 a.m. – 8:00 p.m. daily, effective September 1, 2026. DAC services are offered through the Pomona Valley Transportation Authority (PVTA).

RECOMMENDATION
Staff recommends that the City Council:
• Approve a change in the Dial-a-Cab (DAC) 24-hour service schedule to a 7:00 a.m. – 8:00 p.m. service schedule, effective September 1, 2026.

GOVERNMENT CODE §84308 APPLIES:
https://leginfo.legislature.ca.gov
No

FISCAL IMPACT
The City relies on Proposition A Local Return funds to operate its local transportation programs.

However, transportation costs have increased steadily, totaling approximately 25 percent growth over four years. This trend raises concern that future expenses will further exceed annual Proposition A revenue. If the Dial-a-Cab service hour change is not adopted, the City will incur an estimated $140,000 in after-hours costs on top of the $290,000 for the aligned schedule service, resulting in a total estimated cost of $430,000 for Fiscal Year 2026-27. This increased expense would significantly exceed available Proposition A revenue and may require the use of reserves or a General Fund subsidy. Implementing the aligned 7:00 a.m. to 8:00 p.m. service schedule would avoid these additional costs.

San Dimas Dial-a-Cab Reduction of Service Hours Page 2
For the Meeting of July 28, 2026

BACKGROUND
Proposition A is a Los Angeles County voter approved half cent sales tax measure that funds local transit services. The City of San Dimas uses its Local Return allocation to operate transportation programs for residents, including the Dial-a-Cab service provided through the Pomona Valley Transportation Authority (PVTA). PVTA serves San Dimas, La Verne, Claremont and Pomona.

Dial-a-Cab provides same-day, on-demand service of curb-to-curb transportation to the general public. This service operates 24 hours a day, 7 days a week, and has historically offered important mobility for seniors, individuals with disabilities, and transit dependent riders. Since its launch in 1987, the service has undergone several fare adjustments to maintain long-term financial viability.

The current Dial-a-Cab fare structure is as follows:
• General Public: $4.00 (in-city), $6.00 (outside-city approved destination) • Senior & Disabled: $2.50
Rising costs are impacting transit agencies nationwide and prompting reassessment of service delivery models. Increasing labor and operational expenses prompted PVTA to conduct a feasibility study evaluating ways to manage cost increases while preserving essential service.

Since February 2026, PVTA and its transit consultant Agape have completed additional operational analysis, reviewed peer agency practices, analyzed ridership trends, and conducted public outreach efforts. Based on that evaluation, PVTA recommends modifying service hours to match actual demand, concentrating service during times of highest usage.

PVTA reviewed the cities of San Dimas and Claremont‘s 24-hour service model due to historically low overnight ridership. Under the current contract, PVTA avoids late-night staffing costs; however, future agreements will require dedicated after-hours personnel. PVTA estimated that providing this overnight support is expected to cost San Dimas and Claremont each an additional $70,000 annually, excluding administrative overhead. To contain costs, PVTA recommends discontinuing low-demand overnight service.

San Dimas and Claremont are currently among the few cities in Los Angeles County offering 24- hour service. At its City Council meeting on June 23, 2026, the City of Claremont approved the reduced service hours. Aligning both cities’ hours would reduce afterhours costs for each jurisdiction.

DISCUSSION/ANALYSIS
PVTA’s analysis evaluated DAC ridership for a five-month period from July 2025 through November 2025 and projected a ridership of approximately 9,600 annually in Fiscal Year 2025-

26. Afterhours ridership (8:00 p.m. to 6:00 a.m.) during this five-month period totaled 529 trips, or approximately 13 percent of all rides, but represents only 175 total clients. Most ridership occurs between 7:00 a.m. and 7:00 p.m., with significant declines after 8:00 p.m., and extremely minimal in overnight hours between 12:00 a.m. - 5:00 a.m. A service schedule of 7:00 a.m. to 8:00 p.m. would continue to serve the majority of riders, with about 13 percent impacted by reduced late night and early morning service.

San Dimas Dial-a-Cab Reduction of Service Hours Page 3
For the Meeting of July 28, 2026
Number of ridership after-hours (5 months data from July-November 2025):

After Hours # Ridership
12am 4
1am 3
2am 23
3am 2
4am 11
5am 30
6am 77
8pm 128
9pm 128
10pm 59
11pm 64
Total 5mos 529
# of Clients 175
Cost Analysis:

The estimated cost of the 24-hour service for Fiscal Year 2025-26 is $225,000. PVTA‘s operator did not charge after-hours costs in Fiscal Year 2025-26 in order to honor the current contract.

Aligned Hours 7am-8pm

San Dimas Dial-a-Cab Reduction of Service Hours Page 4
For the Meeting of July 28, 2026
For Fiscal Year 2026-27, total estimated costs for continuation of the 24-hour service is $290,000 for aligned hours, plus $140,000 for after-hours. Since Claremont recently approved reduced service hours, the City of San Dimas would solely bear the $140,000 in after-hours cost, which totals $430,000 for a 24-hour service.

The City’s Proposition A expenditures fall into three primary categories: Programs, Maintenance, and Administration. Program costs include Dial-a-Cab, Get About, Recreation Transit, and bus pass subsidies; Maintenance covers park-and-ride lots, bus stops, and Gold Line parking management; and Administration supports staffing, audits, and required publications. The table below shows the cost breakdown of all Proposition A expenditures. Maintaining financial balance across all categories will require careful management of Dial-a-Cab service levels, making the consideration of service hour modifications an important part of long-term budget sustainability.

Category ` FY26-27
Dial-a-Cab $ 163,592
Other Transportation $ 365,434
Maintenance & Sign Installations $ 454,061
Administration $ 106,500
TOTAL $ 1,089,587
Prop A Revenue $ 895,808
Interest + Other Fees $ 177,000
TOTAL $ 1,072,808
The difference between the budgeted $163,592 and the estimate of $290,000 for Dial-a-Cab services was a result of the City not receiving the cost estimates from PVTA until just before the budget was adopted. The date of receipt did not allow adequate time for staff to make amendments to address the changes from what was originally expected to be the cost of Dial-aCab services prior to adoption. To address the budget shortfall, a mid-year budget amendment will adjust the budget based on updated ridership trends.

While the funding gap for Fiscal Year 2026-2027 can be attributed to one-time costs associated with Gold Line parking improvements, the proposed increase in funding required to support a 24- hour program would create an ongoing structural deficit. This would shift the program from being self-sustaining through Proposition A revenues to one that may require operating subsidies, or fare increases to maintain service.

For Fiscal Year 2026-27, the City may choose between two service options: an aligned schedule of 7:00 a.m. to 8:00 p.m. daily at an estimated cost of $290,000, or continuation of the 24-hour service at an estimated cost of $430,000. The substantial cost difference creates additional pressure on the Proposition A budget and threatens the sustainability of other transportation programs. Therefore, staff is recommending the aligned option to maintain financial stability and preserve funding across all Prop A-funded services. If approved, the aligned schedule will take effect on September 1, 2026.

San Dimas Dial-a-Cab Reduction of Service Hours Page 5
For the Meeting of July 28, 2026

ALTERNATIVES
The Council could choose to maintain 24-hour Dial-a-Cab service rather than reducing its hours.

However, the added cost would significantly impact the Prop A budget, create shortfalls for other transportation programs, and require a General Fund subsidy.

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,
Hilly Sebadja
Sr. Management Analyst
Attachments:

1. PVTA SDDAC After hours Memo FY26

March 20, 2026

MEMORANDUM
To: Travis Sais, Assistant City Manager City of San Dimas From: Nicole Carranza, PVTA CEO, Erika Jacquez Sr. Program Manager Subject: San Dimas After Hours Evaluation
Recommendation: Reduce 24 hour service to avoid cost increase in FY27 and future contracts.

Summary
PVTA is currently conducting a feasibility study to evaluate strategies for moderating operating costs while maintaining service for those most in need. Rising costs—driven by inflation, increased labor wages, and broader economic pressures—are impacting transit agencies nationwide and prompting a reassessment of service delivery models. The study is expected to be completed in FY26 and will inform the development of a new service delivery model to be implemented in the procurement of the FY28 Operations contract.

As part of this effort, PVTA, in coordination with a consultant, is analyzing service utilization and cost trends. This memorandum provides:
● An overview of local transportation services in San Dimas ● A profile of the San Dimas Dial-a-Cab (DAC) program
● An evaluation of after-hours ridership and associated costs ● Recommendations based on current service usage and financial sustainability Local Transportation Services
San Dimas has historically had limited fixed-route transit service. Foothill Transit operates two routes along Foothill Boulevard and Bonita Avenue. To supplement these services, the City supports two community-based transportation programs: Get About and San Dimas Dial-a-Cab (SDDAC).

These programs are designed to serve residents who lack reliable transportation, including seniors, individuals with disabilities, and those unable to access fixed-route services. Foothill does not operate paratransit service - this service is provided by Access Services and is limited to ATTACHMENT 1

3/4 mile range from fixed routes. PTVA services provide a much needed gap for those who are transit dependent.

Get About Program Overview
Established in 1975, Get About is a partnership between San Dimas, Claremont, La Verne, and Pomona. Key features include:
● Eligibility limited to seniors and persons with disabilities ● Regional service across all four cities
● Services address transportation gaps with fixed route and county provided paratransit service.
● Door-to-door service model
● Advance reservations required (typically one day prior) ● Fare: $2.75 per one-way trip regular service area, $3.75 Extended service area Hours of Operation:
● Monday–Friday: 8:00 a.m. – 5:00 p.m.
● Saturday: 8:00 a.m. - 2 p.m.
● Sunday: Closed
The current fares and hours of operations went into effect in FY26 due to higher cost. Fares increased from $1.00 to $2.75 for Regular Service and Hours were reduced to Mon-Friday and on limited hours on Saturdays, Sunday service was completely removed.

San Dimas Dial-a-Cab (DAC) Overview
Established in 1987, DAC was designed to complement Get About by providing:
● Same-day, on-demand service
● Access for the general public
● Curb-to-curb transportation
DAC is the more heavily utilized program, historically providing significantly more trips at a lower cost per ride. This higher utilization is largely driven by the service’s same-day, on-demand availability, which offers greater flexibility compared to advance reservation services. In addition, DAC operates 24 hours a day, 7 days a week, allowing riders to access transportation at any time, including evenings and overnight when other services are limited. The program is also open to the general public without eligibility restrictions, increasing its accessibility and overall rider base. The curb-to-curb service model further enhances convenience, particularly for seniors and individuals with mobility challenges. Additionally, the

integration of Uber as a service delivery option has further expanded capacity and reduced wait times, while also attracting new riders who are familiar with app-based transportation services.

Together, these factors make DAC a more attractive and practical option for a broader range of users, resulting in consistently higher ridership levels.

Comparison: Get About vs. DAC
Feature Get About Dial-a-Cab
Eligibility Seniors & Disabled General Public + Seniors & Disabled Scheduling Advance reservation Same-day service
Service Type Door-to-door Curb-to-curb
Service Area Regional (4 cities) Primarily local
Accessibility Fully ADA-equipped Limited (supplemented by Get About) San Dimas Dial-a-Cab Service Profile
A. Service Area
Dial-a-Cab provides:
● In-city service within San Dimas
● Limited out-of-city service for seniors and disabled riders ● Access to key regional destinations, including:
○ Pomona Valley Hospital
○ Casa Colina
○ Foothill Presbyterian Hospital
○ Inter-Community Hospital
○ Mt. San Antonio College
○ Cal Poly Pomona
B. Fare Structure
San Dimas Dial-a-Cab Fare Structure
● General Public (In-City): $4.00
● General Public (Outside City): $6.00*
● Senior & Disabled (In-City): $2.50
● Senior & Disabled (Outside City): $1.50
● Additional Riders: Free**

*Out-of-city travel is limited to approved destinations **Additional riders traveling together may ride at no extra cost C. Rider Profile
Trip Distribution:
● Within San Dimas: 58%
● Outside San Dimas: 42%
Key Findings from Rider Surveys:
● 16% earn under $25,000 annually
● 70% do not own a vehicle
● 48% use service for medical trips
● 28% use service for shopping
D. Popular Destinations
Common origins and destinations include:
● San Dimas Senior Center
● San Dimas Community Hospital
● San Dimas Retirement Center
● Walmart (Glendora)
● Casa Colina
● Albertsons
● Pomona Valley Hospital Medical Center
● Roady’s Family Restaurant
● Target (San Dimas)
● Holy Name of Mary Catholic Church
● West Park Senior Living
E. Quality of Service
San Dimas Dial-a-Cab maintains a high level of service quality:
● On-time performance: 97%
● Annual complaints: 3

● 95% of riders rated service as “good” or “excellent”
● 90% rated on-time performance positively
VI. Program History
The Dial-a-Cab service has been in operation since 1987, undergoing occasional modifications to manage usage and maintain financial viability. When the after-hours service began in 1987, it incurred no additional fixed costs because taxis were already running 24/7, making them theoretically always available, and the number of rides was initially low. The Council supported SDAC as a potential emergency transportation option. Following the Americans with Disabilities Act (ADA), PVTA provided an accessible vehicle for the cab provider to integrate into their regular nighttime taxi service.

Key Milestones:
● 2001: Fare increase and restriction of general public out-of-city travel ● 2007: Fare reduction for seniors and disabled riders
● 2010: System-wide fare increase
● 2016 - Last fare increase
In November 2023, the City’s taxi contractor ceased operations. This reflects a broader industry shift due to the increased popularity of Transportation Network Companies (TNCs), such as Uber and Lyft, which have significantly reduced the availability of traditional taxi providers.

Current Service Model:

PVTA operates services in a contract-purchased transportation model using a single contractor to manage all operations and services. This includes dedicated and non-dedicated fleets. The current contractor is Transdev.
● Transdev provides dedicated service, including ADA-accessible vehicles (WAV), drivers, dispatch, and maintenance
● Uber supplements service with lower-cost, on-demand trips While Uber provides cost efficiencies and generally shorter wait times, it does not adequately meet the demand for wheelchair-accessible service. Although a wheelchair-accessible option is available within the app, vehicle availability in our service area is limited. For this reason, PVTA requires its dedicated contractor to provide separate wheelchair-accessible vehicles to ensure reliable service.

After-Hours Service Evaluation

San Dimas is one of the few cities in Los Angeles County providing 24-hour Dial-a-Ride service.

Including the City of Montebello, East La in some unincorporated areas and Carson. Most PVTA services end at 5:00 p.m., making after-hours service an exception.

After-hours trips are currently provided through a combination of Uber and Transdev services.

Even when using Uber, PVTA must provide staff oversight for trip monitoring, issue resolution, and coordination.

After-Hours Usage Analysis (FY26)
Period: July 2025 – November 2025 (5 months)
● Total after-hours trips: 1,284
● Unique riders: 41
Peak Usage:
● 7:00 a.m. – 8:00 p.m.

Declining Usage After 8:00 p.m.:
● Gradual decrease through late evening
Overnight Demand (12:00 a.m. – 5:00 a.m.):
● Extremely minimal
Uber ridership during this period was strongest between 7:00 a.m. and 8:00 p.m., with the highest usage occurring at 7:00 a.m. (200 trips), 5:00 p.m. (188 trips), 6:00 p.m. (182 trips), and 7:00 p.m. (185 trips). Usage starts to decline after 8:00 p.m., with 128 trips at both 8:00 p.m. and 9:00 p.m., decreasing further to 59 trips at 10:00 p.m. and 64 trips at 11:00 p.m. Overnight activity is minimal: 12:00 a.m. (4 trips), 1:00 a.m. (3 trips), 2:00 a.m. (23 trips), 3:00 a.m. (2 trips), 4:00 a.m. (11 trips), and 5:00 a.m. (30 trips) ( I have attached the tables).

During this same period, Transdev provided only one overnight trip, indicating that demand does not justify full overnight staffing.

Cost Analysis
Historical Cost Per Trip (Taxi Rates):

● FY21 (Pre-COVID): $9.98
● FY22 $13.78
● FY23 $14.90
● FY24 $15.35
FY26 Current Costs:
● Transdev: $102.91 per revenue hour
● Uber: $18.00 – $20.00 per trip
Annual Program Costs:
● FY23: $180,000
● FY24: $180,000
● FY25: $160,000
● FY26 Estimated: $290,000
● FY27 Estimated: $290,000
The estimated cost increase for FY26 and FY27 is based on higher contract rates and increased ridership levels.

After-Hours Cost Projection (FY27):
● Total: $140,000 (shared with Claremont)
● San Dimas Share: ~$70,000
● Additional overhead costs not included
Annual Ridership:
● FY23: 5,112
● FY24: 6,535
● FY25: 6,156
● FY26: 9,600 (projected)
FY27 after hour costs are estimated by taking the current Transdev dedicated contract structure.

This cost below is what Transdev currently has - 2 full time employees that drive and dispatch after hours. Currently the after hours costs are for both Claremont DAR and San Dimas DAC.

Annual cost for after hours Dispatcher/Driver $140,000 this is a shared cost with Claremont the split for San Dimas would be $70,000. Staffing costs are only one element of the after hour budget as other factors such as overhead and trip costs / revenue hours are included in supporting after hour services.

San Dimas and Claremont currently operate after-hours services outside of the standard four-city Dial-a-Ride (Get About) service hours. This results in additional costs that are borne solely by these two cities, as the contractor must extend service hours to meet their individual needs.

Aligning after-hours service between San Dimas and Claremont would streamline contractor scheduling and reduce overall costs
The City of Claremont is currently preparing to present two after-hours service options to City Council for a public hearing scheduled on June 9th. The proposed options are:

1. Extended Lifeline Option: Service from 5:00 a.m. – 8:00 p.m. daily to accommodate early morning lifeline appointments, such as dialysis.

2. Aligned Option: Service from 7:00 a.m. – 8:00 p.m., more closely matching the Get About Dial-a-Ride standard hours.

It is likely that the aligned option will be selected as recent analysis has determined that trips are minimal between the hours of 5:00 a.m. - 8:00 p.m.

Recommendations
Based on the analysis, PVTA recommends modifying DAC service hours:

Current: 24 hours per day/ 7 days a week
Proposed: 7:00 a.m. – 8:00 p.m. daily
And consider the hours of 5:00 a.m. - 8:00 p.m. if Claremont council decides to proceed with the additional morning hours. ( pending council decision on June 9th) Changes would become effective the start of FY27 Jul 1, 2026 Modifying hours aligns the service with actual demand, it preserves service during peak usage periods, eliminates high-cost, low-demand overnight operations, and improves financial sustainability. This adjustment maintains service for the vast majority of riders while reducing unnecessary expenditures, with approximately 530 trips annually expected to be impacted by the proposed change.

Since this constitutes a service change, Title VI guidelines will be followed. San Dimas will need to go to Council to adopt the service change, including issuing a public notice of service changes 30 days prior to the public hearing.

Next Steps
● Conduct public outreach and stakeholder engagement

● Issue required public notices - San Dimas funding includes Local Return Prop A. subregional funding from Metro requiring the service to follow the title VI plan provided by PVTA. Title VI requirements include allowing 30 day public notice for any major service changes
● The notice would be posted 30 days before the June 23rd council meeting - May 21st ● Present final recommendations for City consideration at the June 11th San Dimas council meeting.

Housing Authority
Agenda Item Staff Report
To: San Dimas Housing Authority
For the Meeting of July 28, 2026
From: Brad McKinney, Executive Director
Prepared by: Lily Flores, Housing Manager
Subject: Approve an Agreement for Management Services of Charter Oak Mobile Home Estates and Monte Vista Place Senior Apartments with Star Mobilehome Park Management
____________________________________________________________________________

SUMMARY
On June 11, 2026, the Housing Division reissued the Request for Proposals (RFP) for Property Management of Charter Oak Mobile Home Estates and Monte Vista Place Senior Apartments. The City’s current contract with John A. DeFalco Management Company operating as Mobile Modular Development, Inc. will end on August 31, 2026. Staff is recommending approval of an Agreement for Management Services with Star Mobilehome Park Management.

RECOMMENDATION
City Staff recommends that the Housing Authority:
• Approve the proposed Agreement for Management Services with Star Mobilehome Park Management in a form approved by the City Attorney; and • Authorize the Executive Director, or his designee, to execute any and all documents necessary, including but not limited to amendments and modifications to implement the Agreement as approved by the City Attorney, and transition of property management services.

GOVERNMENT CODE §84308 APPLIES:
https://leginfo.legislature.ca.gov
No

Agreement for Management Services of COMHE and MV with Star Management Page 2 For the Meeting of July 28, 2026

FISCAL IMPACT
The proposed agreement includes a management fee of $7,200 per month for Charter Oak Mobile Home Estates and five percent (5%) of Gross Revenue per month for the Monte Vista Place Senior Apartments. The Management Fee will be adjusted each July 1, beginning with the second contract year, by the percent change in the CPI, not to exceed four percent (4%) for the Charter Oak Mobile Home Park. Gross revenue shall mean total revenue collected from leases and month-to-month tenancies of Monte Vista Place Senior Apartments minus any credits provided by Owner to such properties.

BACKGROUND
The San Dimas Housing Authority owns the Charter Oak Mobile Home Estates property located at 801 W. Covina Blvd. with 185 spaces and the Monte Vista Place Senior Apartments with 12 senior apartments located at 105 N. Monte Vista Ave. On November 22, 2022, the Housing Authority approved a property management agreement with John A DeFalco Property Management operating as Mobile Modular Development Inc., which became effective January 1, 2023. On March 11, 2026, the City and John A DeFalco Management decided that it was in the best interest of all involved to move in a different direction. John A. DeFalco Management agreed to continue their services through August 31, 2026, while the City procured a new property manager.

On March 24, 2026, the Housing Authority approved the release of a Request for Proposals (RFP) to select a new property management firm for both properties. The RFP was released on March 31, 2026, with a due date of May 7, 2026. Only one (1) proposal was received. Due to insufficient submittals, on June 9, 2026, the Housing Authority approved the reissue of the RFP for Property Management.

DISCUSSION/ANALYSIS
On June 11, 2026, the Housing Division reissued the RFP for Property Management of Charter Oak Mobile Home Estates and Monte Vista Place Senior Apartments (“Properties”) with a due date of July 9, 2026. The RFP was published on the City’s website and emailed to a total of nineteen (19) property management firms (Attachment 1). Staff called each firm to ensure all were made aware of the RFP.

The City received a total of five (5) proposals on July 9, 2026. MGR Property Management, Summit Real Estate Management, Star Mobilehome Park Management, VMA, Martinez and Associates, and Birtcher Anderson & Davis Associates. One (1) proposal was deemed unresponsive based on failure to submit required documentation as stated in Section V. General Information for Proposals.

Staff reviewed the four (4) accepted proposals and evaluated them on the following criteria:
• Quality and completeness of proposal
• Quality of the proposed services to be provided,
• Ability and experience of team members assigned to work on the projects, • Ability, experience and fit of the firm, its team, and capacity to provide the scope of services,
• Creativity and insight of proposal, and
• Proposal cost

Agreement for Management Services of COMHE and MV with Star Management Page 3 For the Meeting of July 28, 2026
On July 15, 2026, the Housing Manager, the Director of Community Development, the Director of Administrative Services, and the Assistant City Manager met and interviewed the four (4) firms to clarify and elaborate on the details set forth in the proposals. The four (4) firms interviewed were MGR Property Management, Summitt Real Estate Management, Star Mobilehome Park Management, and VMA Martinez and Associates. After the interviews, Staff discussed in detail the qualifications of each firm. Staff also contacted references listed on the proposals. After careful consideration, Staff recommends moving forward with Star Mobilehome Park Management (Attachment 2) as the property manager of both Charter Oak Mobile Home Estates and Monte Vista Place Senior Apartments.

Star Mobilehome Park Management (Firm) is located in the City of Tustin and has over 65 years managing mobile home communities. They currently manage over 50 communities totaling approximately 6,500 spaces. They are familiar with the Mobile Home Residency Law and Title 25 compliance, HCD inspections and enforcement, Senior Housing and Fair Housing administration, sub-metered utility operation and disciplined trust accounting. The Firm recognizes that both properties serve seniors, a vulnerable population, and has committed staff that are trained to respond with patience, empathy, and professionalism, and to remain visible and available on site.

The Firm responded to each requirement of the RFP in detail and has answered staff’s additional questions. The Firm has described their approach to each element of the Scope of Work and has demonstrated the ability to transition from our current property management firm to theirs in a timely and efficient manner.

Following a comprehensive evaluation of proposals, reference checks, and interviews, staff recommends selecting Star Mobilehome Park Property Management as the Property Management Company for the Properties for a term of five (5) years commencing August 1, 2026.

ALTERNATIVES
Due to the time constraints on the current Agreement expiration date, there are no alternative recommendations.

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,

Agreement for Management Services of COMHE and MV with Star Management Page 4 For the Meeting of July 28, 2026
Lily Flores
Housing Manager
Attachments:

1. Request for Proposals Property Management of Charter Oak Mobile Home Estates and Monte Vista Place Senior Apartments

2. Proposal from Star Mobilehome Park Management

3. Draft Agreement for Management Services

Property Management Company Address City, State, Zip
MZL Properties 22231 Mulholland Hwy. #101 Calabasas, CA 91302 Dunex Inc. Property Mgmt 1940 W. Orangewood #2019 Orange, CA 92868 J & H Asset Property Mgt. Inc. 22880 Savi Ranch Parkway Yorba Linda, CA 92887 Newport Pacific 1201 Dove St. Newport Beach, CA 92660
Le Frame Management 1635 Aviation Blvd. Redondo Beach, CA 90278 Biggs Asset Property Managers (BAPM) 4747 Mangels Blvd. Fairfield, CA 94534 California Mobile Home Park Management 1700 East Garry Aveneu #219 Santa Ana, CA 92705 Community Asset Management PO Box 3670 Ontario, CA 91761 JR Enterprises 4299 MacArthur Blvd. Suite 104 Newport Beach, CA 92660 Laguna Asset Management, Inc. PO Box 2308 Laguna Hills, CA 92654 Santiago Communities PO Box 11927 Santa Ana, CA 92711
St. Clair Property Management 17291 Irivne Blvd. Suite 450 Tustin, CA 92780 Star Mobilehome Park Management 660 W. First Street Tustin, CA 92780 VMA Martinez & Associates 3595 Inland Empire Blvd. Suite 2100 Ontario, CA 91764 Storz Management Company PO Box 580 Orangevale, CA 95662 Birtcher Anderson & Davis 31920 Del Obispo Street, Suite 260 San Juan Capistrano TRI Property Management 2205 Plaza Drive Suite 100 Rocklin, CA 95765 MGR Property Management 3800 E. Concourse St. Suite 100 Ontario, CA 91764 Caritas Corporation 3 Park Plaza, Suite 1700 Irvine, CA 92614 ATTACHMENT 1

City of San Dimas
California

REQUEST FOR PROPOSALS

PROPERTY MANAGEMENT OF

CHARTER OAK MOBILE HOME ESTATES
AND

MONTE VISTA PLACE SENIOR APARTMENTS
Community Development
Lily Flores
Housing Manager
PROPOSAL DUE DATE: July 9, 2026
City of San Dimas, California

2 Table of Contents
I. Project Background ………………………………………………… 3
II. Scope of Work ……………………………………………………… 4
II.A Rent Collection ………………………………………………………4
II.B Evictions …………………………………………………………….. 4
II.C Inspections …………………………………………………………... 4
II.D Maintenance and Repair …………………………………………….. 4
II.E Tenant Move In ………………………………………………………4
II.F Tenant Move Out …………………………………………………….5
II.G Financial Services ……………………………………………………5
II.H Market and Lease …………………………………………………….5
II.I Address Tenant Concerns ……………………………………………5
II.J Customer Service……………………………… ………………….. 6
II.K Property Rules and Regulations and Enforcement ………………….. 5 II.L Utilities ……………………………………………………………… 6
II.M Insurance ……………………………………………………………..6
II.N Events and Activities/Customer Relations ………………………... 6 II.O Budget and Capital Planning …………………………………………6
II.P Reporting ……………………………………………………………..7
II.Q Document Management ……………………………………………...7
III. Proposal Requirements ………………………………………………7
IV. Selection Procedure …………………………………………………. 9
V. General Information for Proposals ………………………………….. 9
VI. Terms and Conditions ………………………………………………. 10
VII. Anticipated Selection Process Timeline …………………………….. 11 VIII. Attachments………………………………………………………….. 11

3 REQUEST FOR PROPOSALS (RFP)
The City of San Dimas (“City”) is requesting proposals from qualified property management firms, partnerships, corporations, associations, persons, or professional organizations (“Firm”) for the work entitled: PROPERTY MANAGEMENT OF CHARTER OAK MOBILE HOME ESTATES AND MONTE VISTA PLACE SENIOR APARTMENTS. In general, the Firm selected as a result of this process will provide the full service of property management services, including but not limited to, rent collection, eviction, inspection, maintenance and repair, tenant move in/out, and financial services and thereafter work cooperatively with the City, staff and consultants, to manage Charter Oak Mobile Home Estates and Monte Vista Place Senior Apartments (collectively the “Properties”).

Date of Issuance: 6/11/2026
Questions due: 6/25/2026
Due Date: 7/09/2026
Proposals shall be submitted by qualified property management firms, particularly those that have demonstrated verifiable experience in managing mobile home parks, and property maintenance for similar projects as outlined in the scope of work included in this RFP.

The proposals shall be addressed to: Lily Flores, Housing Manager Subject: Response to RFP regarding Property Management for Charter Oak Mobile Home Estates and Monte Vista Place Senior Apartments.

Proposals shall be submitted:

San Dimas City Hall – Office of the City Clerk
245 East Bonita Ave.

San Dimas, CA 91773
All inquiries regarding the project and this RFP shall be directed to Lily Flores, Housing Manager by email at [email protected].

I. PROJECT BACKGROUND
The San Dimas Housing Authority is the owner of Charter Oak Mobile Home Estates (“Park”), a 55 years of age and older community of 185 owner occupied spaces located at 801 W Covina Boulevard in San Dimas and Monte Vista Place Senior Apartments (“Apartments”), a 62 years of age or older community of 12 apartments located at 105 N. Monte Vista Ave (collectively, the “Properties”). The City Council for the City of San Dimas sits as the Board of Directors for the Housing Authority. In addition to market rate rentals, the City provides a rent assistance program to assist eligible low to very low-income senior homeowners who pay more than 30% of their income towards housing cost with a monthly credit towards their space rent at the Park. On average, the two properties generate approximately $185,000 in gross rental revenue per month.

Except as specifically provided in the Scope of Work below, all financial obligations of the Properties shall be met with City funds. Firm fee proposals should be limited to the management

4 fee for all services set forth in the Scope of Work below and an hourly rate for any special services beyond the proposed Scope of Work.

II. SCOPE OF WORK
A. Rent Collection
Recommend market driven rental rates, receive rents, monitor and following up on late payments, send out required notices, such as pay or quit notices, and enforce late fees.

B. Evictions
Delivery and posting of all relevant paperwork and notices provided by City legal counsel when necessary to initiate and complete an unlawful detainer action and coordinate with the City Attorney and Los Angeles County Sheriff’s Department to remove tenant and tenant’s possessions from spaces in compliance with federal, state and local law.

C. Inspections
Conduct periodic inspections on a predefined schedule looking for repair needs, safety hazards, code violations, lease violations, etc., and conduct inspections during new tenant move in/out.

D. Maintenance and Repair
Prioritize and provide routine maintenance of the Properties, including trash and debris cleanup, graffiti removal, paint touch up, light bulb replacement, regular mowing and weeding, etc. Maintain and monitor a 24-hour emergency repair hotline. Report to the City any repair work necessary outside the scope of routine maintenance and coordinate with any City work crews or contractors to complete the repair. Operate and maintain all common area interior and exterior improvements and common buildings, including landscaping, in good condition and repair, including necessary replacements and in accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state, county, municipal, and other governmental agencies. Manage and monitor contracts with all outside contractors, including requiring the payment of prevailing wages and registration with the Department of Industrial Relations when applicable.

E. Tenant Move In
Review new tenant applications and provide recommendations to City for approval of any new tenancy. Provide leasing agreements, coordinate tenant move-in dates, review lease guidelines with tenant regarding things like rental payment terms and required property maintenance, ensure all agreements have been properly executed, perform detailed move-in inspection with tenant and have tenants sign a report

5 verifying the condition of the property prior to move-in, and collect first month’s rent and security deposit.

F. Tenant Move Out
Inspect space and fill out a report on the property's condition when a tenant moves out, provide tenant with a copy of move-out inspection report as well as estimated damages, return the balance of any security deposit to the tenant if applicable. For the Apartments, forward any portion of the City’s portion of the tenant deposit to the City or hold in owner reserves for repairs, clean space and perform any needed repairs or upgrade, and put the property back on the market for rent (as requested by the City).

G. Financial Services
Manage individual trust accounts for the Park and for the Apartments for all incoming receipts and payment of all obligations of each Property, including but not limited to all utilities, taxes, services and repairs and the Firm’s management fee. Provide accounting property management services, detailed documentation of expenses via invoices and receipts, maintain all historical records (paid invoices, leases, inspection reports, warranties, etc.) and provide easy to read monthly cashflow statements which offer a detailed breakdown of income and itemized expenses.

H. Market and Lease
Advertise (with City approval and at City expense) and promptly lease vacancies.

Manage waiting list for vacancies at the Apartments. For the Park, provide a monthly report on all units for sale, in escrow, and/or delinquent in rent. Provide an affirmative marketing plan and tenant selection procedure that ensures that prospective tenants are not discriminated against due to race, religion, national origin, familial status, etc., and in compliance with the Fair Housing Act for residential properties.

I. Address Tenant Concerns
Provide a telephone number and email address for 24 hour tenant contact. Process Tenant Concern Forms and promptly address all tenant concerns with Tenant.

Serve as the primary contact for tenant concerns and direct complaints away from City staff. Develop a complaint policy with procedures for review at the site manager level and escalating within the Firm to ultimate review by City only if necessary. Provide monthly report to City of concerns listed, provided resolution, and verification of date of resolution.

6 J. Customer Service
It’s important to note that both properties to be managed consist of senior residents.

While all residents are of utmost importance, senior citizens are widely recognized as a vulnerable population due to a combination of physical, social, and economic factors, making superior customer service a critical component of the services that will be provided by the selected Firm and their staff. The selected Firm will strive to provide quality service, to include but not limited to, making it a standard to treat each resident with care and respect throughout every interaction, address residents concerns with empathy, compassion, and professionalism, and ensure that management staff is available and responsive.

K. Property Rules and Regulations and Enforcement
In coordination with the approval of the City, propose and implement updates to rules and regulations for the Properties reflecting required federal, state and local regulations as well as best practice. Enforce the Property Rules and Regulations and best practices as established by the City.

L. Utilities
The procurement of any and all services and utilities in the reasonable opinion of Firm, subject to City budgeting approval, necessary to the property management and maintenance of the Properties, including, but not limited to, water, electricity, gas, fuel, telephone, vermin extermination, refuse hauling, window cleaning and janitorial services.

M. Insurance
The procurement of and the reasonable compliance with any and all insurance in the reasonable opinion of the City necessary to adequately protect City, Firm, their employees and the Properties, or as required by law, including, but not limited to, where appropriate and applicable, workers' compensation insurance, public liability insurance, fire, casualty and extended coverage insurance, burglary and theft insurance, and rental interruption insurance
N. Events and Activities/Community Relations
Social connections are vital for seniors to maintain physical, mental and emotional health. The selected Firm will coordinate, facilitate, or direct social events and activities for residents to foster community and engagement by residents. The selected Firm will ensure to prioritize consistent and respectful communication with the residents to build trust and encourage resident participation.

O. Budget and Capital Planning
Develop and propose annual and multiyear operating budget and capital improvement plan for each of the Properties reflecting the details required by the

7 City to ensure oversight of activities for the Properties. The capital improvement plan will be supported by a periodic condition assessment of the Properties and will project the annual projects, cost estimates, and timing of capital improvements over a 5 and 10 year period.

P. Reporting
Submit monthly reports and statements as requested by the City including, but not limited to:

1. Financial Statements including statement of income, balance sheet, cash flow, and budget variance;

2. Management Report including revenue variance, expense variance and ratios, Net operating income, maintenance, home sales, capital improvement, home rehabilitation, requisition summaries, delinquency, average rent, legal actions, turnover, new move ins, 3/60 notices, 60 day notices, complaints, clubhouse events, etc.

3. Maintain and update roster of owners and tenants within each unit, updated contact information, and provide access to such listing in the form and manner required by the City.

4. Other reports as reasonably necessary by the City to oversee and monitor activities of the Properties.

Q. Document Management
Maintain and retain appropriate documentation of the activities pertaining to the scope of service or any other such documentation as required by the City in a manner readily accessible to the City and retain such documentation for no less than three years or as required by federal, state, or local law, whichever is longer.

III. PROPOSAL REQUIREMENTS
All proposals submitted to the City must contain the following minimum information:

A. A cover letter with contact information of principal proposer, including a listing of any and all individuals and entities with material interest (greater than 10% interest in firm) in the proposing firm or to which management of the Properties shall be entrusted.

B. A description and statement of the firm’s qualifications for this project. Listing of mobile home parks and senior housing developments managed (including any age restrictions for such mobile home parks). This includes financial statements of the firm reflecting the financial strength, capacity, and ability to manage and operate Properties such as the ones reflected in this RFP.

8 C. Detailed statements regarding each of the following items:

1. Strategy to market unoccupied spaces.

2. Organizational chart of the Management Team.

3. Qualifications and information on potential site staff, including resumes and hourly rates for each position.

4. Facilities and maintenance support team information.

5. Program for tenant communications.

6. Management Fee proposal including monthly fee for the Scope of services and Hourly Rate for extra services.

7. A minimum of three (3) references, from within the past five (5) years, who can speak to your experience (preferably of a project similar to the one that is the subject of this RFP), including address and telephone number of each, identifying a contact person.

D. For the past five years, provide information regarding any material sanction, penalty, or fine assessed by a federal, state, or local governmental entity regarding the management and operation of Properties reflected in this RFP by the proposing firm, its principles, or other individuals and/or entities with greater than 10% interest in the proposing firm. This should include reports issued by entities such as but not limited to the United States Department of Housing and Urban Development, California Housing and Community Development Department, county jurisdictions, or any federal or state court.

This should also include any bankruptcy filings of the firm its principal proposer, including any individual and/or entity with material interest (greater than 10% interest) in the proposing firm or to which management of the Properties shall be entrusted.

E. Conflict of Interest Disclosure: Provide disclosure of any familial relationships or financial interests with current City of San Dimas employees including by not limited to the members of the City Council, City Attorney, City Manager, Assistant City Manager, Senior Staff, Managers, and/or City staff.

1. Familial relationships include direct blood, adoption, relations by marriage/domestic partnership, or other amorous relationship from a principal or individual with material interest in the firm with a City employee of the first or second degree (includes uncles/aunts, first cousins, grandparents/grandchildren, parents, siblings, or such relationships between such individuals and a City employee).

9 2. Financial interests include any property, contractual, or financial relationship with a City employee who has decision-making, oversight, reporting or other material responsibility over the services and agreement reflected in the RFP.

IV. SELECTION PROCEDURE
A. EVALUATION CRITERIA When selecting the Firm, the skill and ability of the entity or person performing the services is a key component of the selection criteria.

Cost will be only one factor in determining the selection. All proposals will be evaluated using the following criteria.

1. Quality and completeness of proposal

2. Quality of the proposed services to be provided

3. Ability and experience of team members assigned to work on the project

4. Ability, experience and fit of the firm, its team, and capacity to provide the scope of services

5. Creativity and insight of proposal

6. Proposal cost
B. The City reserves the right to award the contract to any Proposer and may award such contract to a Proposer that is not the lowest responsive Proposer and/or based on an evaluation of the totality of the criteria, submitted information, and/or any other information as may be available at the time of the award.

C. EVALUATION PROCEDURE Evaluation of the proposals will be performed by City staff who will assess the qualifications, experience and ability to perform the work of each property management firm based on the criteria listed above. An oral interview with one or more of firms may be requested after written proposals have been received and reviewed by the City. At the time of the interview, representatives of the firm shall be prepared to clarify and elaborate on the details set forth in the firm’s proposal. After the interview, if applicable, the City will proceed with negotiating with the selected firm. Other firms not selected will be notified.

V. GENERAL INFORMATION FOR PROPOSALS
The prospective property management firm shall submit three (3) hard copies, by courier or in person, of its proposal to the City not later than at 3:00 P.M. Ensure you receive confirmation of receipt by the City.

A. Any questions related to the project and/or this RFP shall be directed to the staff member identified at the top of this RFP.

10 B. The proposal shall be signed by an authorized official of the firm.

C. All costs incurred in the preparation of the proposal shall be the sole responsibility of the firm.

D. The City reserves the right to reject any and all proposals and to request additional information concerning any proposal for purposes of clarification.

E. If awarded a contract, the property management firm shall maintain insurance coverage, including worker’s compensation, reflecting the minimum amounts and conditions specified by the City.

F. The terms and scope of the contract shall be arranged on the basis of professional negotiations between the City and the prospective firm. If the City and the prospective firm fail to reach a contractual agreement, the City may then negotiate with any other firm that responded to this RFP. A draft agreement has been included herein for reference only and is subject to revision at the City’s discretion where necessary.

G. The firm will comply with access of records, conflict of interest, and other laws and contract provisions as required.

VI. TERMS AND CONDITIONS
A. Issuance of this RFP does not commit the City to award a contract for services.

B. The City retains the right to reject any and all submittals.

C. Once submitted, the proposals become the property of the City.

D. The firm selected to perform the scope of services described in this RFP will be required to obtain and maintain a City of San Dimas Business License and any other federal, state of local licenses and permits required now or hereafter. For more information regarding the Business License process, or to obtain a Business License application packet, please visit the City’s Business License webpage at:
https://sandimasca.gov/departments/administrative_services/finance_division/busi ness_license___related_permits.php
E. The information presented in this RFP and in any report or other information provided by the City is provided solely for the convenience of the interested parties.

It is the responsibility of interested parties to assure themselves that the information contained in this RFP or other documents is accurate and complete. The City and its advisors provide no representations, assurances or warranties pertaining to the accuracy of the information.

F. The City may use any and all ideas and materials included in any submittal, whether or not the respondent is selected.

11 G. Proposals and all other information and documents submitted in response to this RFP are subject to the California Public Records Act, California Government Code §§ 6250 through 6276.48) (CPRA), which generally mandates the disclosure of documents in the possession of the City upon the request of any person, unless the content of the document falls within a specific exemption category. Proprietary information, such as financial information on the Proposing firm, shall not be disclosed unless required by law.

H. Non-Liability: By participating in the RFP process, each respondent agrees to hold the City and its and their officers, employees, agents, representatives, and consultants harmless from all claims, liabilities, and costs related to all aspects of this RFP.

VII. ANTICIPATED SELECTION PROCESS TIMELINE
Project Benchmarks Date
RFP Issuance 6/11/2026
Questions Due 6/25/2026
Proposals Due 7/09/2026
Review by City Council 7/28/2026
VIII. ATTACHMENTS
A. Proposed Draft Property Management Contract

ATTACHMENT 2

01171.0013/837056.2 1

AGREEMENT FOR MANAGEMENT SERVICES
Charter Oak Mobile Home Estates
&
Monte Vista Place Senior Apartments
This Agreement is made this day on _August 1, 2026 by and between THE CITY OF SAN DIMAS HOUSING AUTHORITY and THE CITY OF SAN DIMAS (hereafter "Owner") and _Star Mobilehome Park Management_. (hereafter "Contractor").

In consideration of the property management services to be rendered by Contractor pursuant to this Agreement, Owner hereby designates Contractor as the exclusive Management Contractor and representative of Owner, for the purposes of managing and operating for Owner's account, the properties owned by Owner and located at 801 W. Covina Blvd in the City of San Dimas, California and commonly known as CHARTER OAK MOBILE HOME ESTATES (hereinafter called the "Park") and at 105 N. Monte Vista Place, San Dimas, California and commonly known as MONTE VISTA PLACE SENIOR APARTMENTS (hereinafter referred to as “Apartments). Collectively the two locations are referred to herein as the “Properties.”
I. Definitions and Rules of Interpretation.

Unless the context clearly requires otherwise, words of the masculine, feminine or neuter gender shall be construed to include each other gender when appropriate and words of the singular number shall be construed to include the plural number and vice versa, when appropriate. All the terms and provisions hereof shall be construed to effectuate the purposes set forth in this Agreement and to sustain the validity hereof.

The titles and headings of each section of this Agreement have been inserted for convenience of reference only, are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof or be considered or given any effect in construing this document or any provision hereof or in ascertaining intent, if any question of intent shall arise.

II. Appointment of Contractor
Owner hereby appoints the Contractor exclusively to rent, lease, operate, manage and maintain the Properties, upon the terms hereinafter set forth herein. The Contractor hereby accepts such appointment as an independent contractor and agrees to the terms and conditions set forth herein.

III. Powers and Duties of Contractor
A. Generally. The Contractor shall manage, operate and maintain the Properties for the period and upon the terms herein provided, and to furnish the services of its organization for the operation, management and maintenance of the Properties, according to generally accepted procedures and practices usual and customary to management of a senior mobile home parks and senior apartments or as otherwise ATTACHMENT 3

01171.0013/837056.2 2
required by the Owner. Such services shall include, but not be limited to, the customary and ordinary maintenance and repair of the Property and its improvements, fixtures, appurtenances and grounds.

The Contractor shall engage in the appropriate procurement of any and all services and utilities in the reasonable opinion of Contractor, subject to Owner budgeting approval, necessary for the property management and maintenance of the Properties, including, but not limited to, water, electricity, gas, fuel, telephone, vermin extermination, refuse hauling, window cleaning and janitorialservices.

The Contractor shall do everything reasonably necessary for the property management of the Properties including, without limitation thereto, periodic inspections, handling all tenant requests and negotiations, supervision of maintenance, arranging for any improvements and alterations as may be required or requested of Owner, purchasing all materials and supplies, contracting with independent contractors to supply services, and expending such sums as Contractor deems necessary to accomplish the foregoing.

Contractor shall obtain approval from Owner for any expenditure for repairs, improvements or work in excess of five thousand dollars ($5,000.00) for any one item or repair/replacement, except monthly or recurring operating charges and/or emergency repairs in excess of the maximum, if in the opinion of Contractor such repairs are necessary to prevent additional damage or greater total expenditure or to protect the Properties from damage or to maintain services or conditions to the tenants as called for by their tenancy. The Contractor shall notify the Owner promptly whenever emergency repairs have been ordered or when any such action will result in the Contractor exceeding the approved budget for the appropriate line item to which such expenditure shall be accounted.

B. Inspections. The Contractor shall conduct regular inspections and assessments to ensure health, safety, and compliance with federal, state, and local codes, regulations, and/or agreements and to ensure proper functioning and condition of capital assets. Capital assets include land, improvements to land, buildings, building improvements, vehicles, machinery, equipment, infrastructure and all other tangible or intangible assets used in operations. The inspections and assessments shall include, but not be limited to the following

1. Annual. Once a year, the Contractor shall conduct a comprehensive inspection to ensure compliance with requirements of the California State Department of Housing and Community Development (HCD). The areas of inspection will include guidance provided by the HCD and HCD’s Mobilehome Park Inspection Operator Information Booklet (latest edition and as updated) as well as the Properties. Owner will provide a written report identifying deficiencies, planned resolution, and date to complete

01171.0013/837056.2 3
resolution for each deficiency.

2. Monthly. Every month, the Contractor shall conduct an inspection of common areas to identify health, safety, maintenance, or quality of life issues within common areas and capital assets.

3. Weekly. On a weekly basis at the Apartments, the Contractor shall conduct a walking inspection of common areas and/or within public view to identify visible health and safety deficiencies, maintenance, or quality of life issues.

4. Daily. On a daily basis at the Park, the Contractor shall conduct a walking inspection of common areas and/or within public view to identify visible health and safety deficiencies, maintenance, or quality of life issues.

C. Other Inspections. The Owner may request other inspections involving Owner concerns as necessary.

D. Owner Inspections. The Owner may conduct inspections of Properties as determined by the Owner. The Contractor shall not abridge or impair Owner’s ability, timing or scope of inspection.

E. Compliance with Law. The Contractor shall operate the Properties in compliance with all current and future provisions of federal law, the Mobile Home Residency Law (California Civil Code 798 et seq.), Title 25 of the California Administrative Code, California State law, City Municipal Code and all other applicable law, including but not limited to, any rent control ordinance or Mobile Home Accord now in effect or hereinafter enacted, and shall maintain any and all records necessary and proper to show compliance therewith.

F. Rent of Properties. The Contractor shall use best efforts to secure and/or retain residents for the Properties, including the rental, repair and maintenance of any Apartment units or mobile homes situated at the Park which are owned or leased, or may hereinafter be owned or leased, by the Owner. Contractor shall collect lease applications, additional information as required by the Owner or other authoritative law or regulation and submit recommendations for approval to Owner. Owner’s Housing Manager shall make the final determination within 5 working days of receipt of application to accept a rental applicant. In the event that Owner fails to respond within five (5) days, Contractor may make a final determination on the application. Contractor will finalize all paperwork to perfect the lease and secure the tenancy. The form of any rental agreement shall be approved by Owner. Any necessary advertising to rent or lease the Properties shall be done in the name of the Park or Apartments, and shall be paid for as an Operation and Maintenance Expense pursuant to Section IX hereof.

Contractor shall have the authority and exclusive right to negotiate leases and month-to-month tenancies with existing and prospective tenants upon terms and conditions approved by the Owner. All leases over one (1) year shall be approved by the Owner. The Contractor shall have the authority to: (i) sign, renew

01171.0013/837056.2 4
and/or cancel rental/lease agreements with the approval of Owner and in a form approved by the Owner for the Properties or any portion thereof; (ii) collect rents, security deposits, or other charges and expenses due or to become due and give receipts thereto; (iii) sign and serve in the name of Owner such notices as are appropriate; (iv) upon approval of Owner, serve legal notices and assist local authorities and Owner with the removal or eviction of any tenant.

G. Repairs. The Contractor shall have the right to make, or cause to be made and supervise repairs, decorations and alterations to the Properties, to purchase supplies and to pay all bills therefore, subject in all respects to the provisions of Section IX.

Contractor will notify City of all repair work exceeding one thousand dollars ($1000.00) and any such work shall require the payment of prevailing wages.

Contractor will obtain City approval for all work exceeding five thousand dollars ($5000.00). The Contractor agrees to obtain a minimum of three (3) estimates for any such single repair, except for emergency repairs, exceeding five thousand dollars ($5,000). Any new construction, alteration, installation, demolition or repair work over twenty-five thousand dollars ($25,000) or maintenance work over fifteen thousand dollars ($15,000) shall also require contractor and project registration with the California Department of Industrial Relations (DIR).

Contractor shall submit the appropriate documentation to (DIR) with a copy to the City. Public bidding procedures may be required for larger repair projects and Contractor shall cooperate with Owner to determine the necessity of any such project. In the event emergency repairs are necessary, written notification must be provided to the Owner within three (3) business days.

H. Utilities. The Contractor shall have the right to make contracts, in the capacity of agent for the Owner and in the Owner’s name, for electricity, natural gas, fuel, water, telephone, cable TV, trash or rubbish hauling, gardening services, pool services and other services or such of them as the Contractor shall deem advisable and/or as required by the rental/lease agreements with the residents of the Properties and the management polices as they may from time to time be amended by the Owner.

I. Contractor Employees. The Contractor shall have the right to hire, discharge and supervise all labor required for the maintenance and operation of the Properties.

All such employees shall be the employees of the Contractor and shall be adequately bonded, as required by Owner in Section IV Bonds and Insurance. Any such employees shall be compensated by Contractor. The cost of such employees shall be provided for in the annual budget and identified separately from the Management Fee set forth herein. Such employees shall be used solely for the maintenance and operation of the Properties. Contractor shall provide Owner with copies of titles, job descriptions and qualifications for all Contractor employees working on the Properties. In addition to the On-site Property Manager and Maintenance employee positions, Contractor will also utilize outside service providers for the maintenance and operation of the Properties.

J. Collection and Disposition of Gross Park Revenues. The Contractor shall collect

01171.0013/837056.2 5
and dispose of all rents and other charges which at any time are due or become due from any resident of the occupying space in the Park or the Apartments, or from others for services provided in connection with, or for the use of the Properties or any portion thereof.

From gross revenues collected from the Properties, Contractor shall:

1. Pay all operating expenses incurred through renting, servicing, maintaining or repairing the Properties, including budgeted labor costs and such other expenses in connection with the properties as may be authorized by the Owner.

2. Deduct Contractor’s management fee described under Section VII, below and any other fees due to the Contractor under the terms of this Agreement.

3. Pay real and personal property taxes and other taxes or assessments levied and assessed against each Property should such obligation be on the Owner.

Contractor shall establish a reserve for such payments by withholding from gross revenues an amount equal to the estimated annual taxes and then pay such taxes from the reserve prior to delinquency.

K. Cooperation in Litigation. The Contractor shall assist Owner, Owner’s legal counsel, or Owner’s insurance carrier, in any ongoing litigation or litigation hereafter filed by any resident, potential resident, or any other person(s) related to the ownership or operation of the Park.

L. Enforcement of Rules. The Contractor shall fairly and uniformly enforce the rules and regulations of each Property, within the required guidelines of state, county and city rules and regulations as well as the apartment and mobile home industries, as they now exist or as hereinafter agreed upon amendments by the Owner and Contractor.

M. Processing Complaints. The Contractor shall receive complaints (complaints include any service requests) of residents of the Properties in writing, absent exigency requiring an immediate response, and respond to such complaints in a timely fashion. Contractor will ensure that there is an initial point of contact for each Property to resolve complaints at the site level. Contractor will further provide, as needed, for a review of any unresolved complaints at its own management level to attempt to resolve any complaints without Owner involvement. As specified and agreed to by the Owner, the Contractor agrees to document and maintain copies of any such complaints received with the inclusion of, but not limited to, a serialized complaint number (for example: 2022-Complaint-0001), date of receipt, complainant, category of complaint, and description of complaint. Documentation for each complaint will include correspondence from Contractor, Owner’s employees, Residents, or where applicable, the Owner and/or external entities, in a manner that maintains the totality of the initial complaint, processing and documented satisfactory resolution, final resident closing document critiquing the

01171.0013/837056.2 6
implemented resolution, and any other pertinent information with the same serialized complaint number. Contractor shall maintain complaint records for such period as required by law or five years, whichever is longer, in a manner easily accessible to the Owner and shall make them available for the Owner’s inspection upon request. Contractor will provide a copy of the Complaint Log to the Owner each month showing the complaint and how it was resolved or steps taken in the unresolved cases. In the event that the Contractor is unable to resolve a compliant to the satisfaction of the complainant, such complaint shall be forwarded to Owner as provided below.

1. Classification of Complaints
Owner and Contractor can define more explicit criteria establishing the classification, response time, adequacy of resolution or other aspects necessary for processing complaints as deemed necessary by the Owner and subject to the Owner’s sole determination.
(a) Routine – Defined as normal and customary maintenance, park behavior, park or other regulation violation and operational concerns that do not constitute an imminent and/or significant health and safety risk nor requires immediate response to avoid risk liability or reputational exposure to the Properties or Owner. (i) The Contractor will resolve the complaint and respond to the resident regarding the resolution. Contractor shall have final say and responsibility with respect to response and
resolution.
(ii) Appeal to Owner: No appeal shall be granted.
(b) Intermediate – Defined as non-routine activity that does not require an immediate response but constitutes an ongoing or substantial violation of the Agreement, federal state or local laws and regulations, substantially impairs the lifecycle viability of a capital asset or constitutes an ongoing failure to adequately resolve a routine complaint.
(i) The Contractor will resolve the complaint and respond to the resident regarding the resolution.
(ii) The Contractor shall advance the complaint with all supporting materials to the Owner for review. As deemed necessary by Owner, Owner will review and establish an
additional required resolution response which will be
promptly implemented by the Contractor or as otherwise
directed by the Owner.
(iii) A Routine complaint can be upgraded for review similarly

01171.0013/837056.2 7
to an Intermediate complaint when the resident can establish that such complaint should have been classified as
Intermediate or above.
(iv) If the Owner deems the complaint was appropriately classified as Routine, the Owner shall return the complaint to the resident and Contractor as “Appeal Denied.” Such action shall be final and not appealable.
(c) Critical/Fraud – Defined as an imminent threat to life safety, health, and welfare where delayed response will significantly and reasonably expose residents to threat of death, significant injury, or the Owner to significant liability. Such complaints shall include any criminal allegation of fraud, violation of law, gross negligence of the Contractor or where Contractor is willfully negligent in addressing a serious or ongoing intermediate concern.
(i) The Contractor shall provide a receipt confirmation within 4 hours during regular business hours or as quickly as possible during non-business hours to the resident and initiate the appropriate action.
(ii) Resident may submit Critical/Fraud complaints to both Contractor and Owner simultaneously. Contractor shall
advance the complaint to the Owner no more than 4 hours after receipt of the Critical/Fraud complaint during regular business hours or as quickly as possible during non-business hours.
(iii) The Contractor shall advance the complaint with all supporting materials to the Owner for review.
(iv) Owner will review all Critical/Fraud complaints. In the case further action is necessary, the Owner will provide the Contractor, or other entity, direction and a timeline for implementing the appropriate resolution. Owner’s direction shall constitute a binding obligation on the Contractor. (d) mySanDimas. The Contractor shall accept complaints through the mySanDimas City service request system from residents, the Owner, or any other source and shall treat such complaints as provided under this section, M. Processing Complaints.
(e) Dispute Resolution. In the case of any unresolved dispute between a resident and the Contractor/Owner or concern of non-performance on an obligation of the Contractor/Owner which is not resolved by the Contractor/Owner, the resident can request a hearing before the City’s independent hearing officer.

01171.0013/837056.2 8
(i) Procedure
(A) Resident requests a hearing within thirty (30) days of the date of final resolution by Contractor/Owner (i.e.

Contractor/Owner response, incident, etc.).
(B) Upon decision of the hearing officer, the Owner will provide a written decision to the resident.
(C) The hearing officer decision shall be considered
final.

N. Books and Records. The Contractor shall keep adequate books and records and, in a form, acceptable to Owner, in connection with all matters arising under the terms of this Agreement for period required by law or five years, whichever is greater.

Contractor shall render to Owner a monthly statement showing all receipt and disbursement, together with supporting vouchers, if requested, and reflecting the financial condition and property maintenance of the Property for the month immediately preceding. Contractor shall allow Owner, during normal business hours, access to the records and correspondence of the Contractor pertaining to any transaction arising out of this Agreement. Records shall be made available in an electronic format suitable for viewing by the Owner at any time. At the close of each Fiscal Year, the Contractor shall, pursuant to a written request of Owner, allow the books of the operating accounts to be examined and/or audited by a certified public accountant, selected by Owner, who shall transmit a copy of his/her report to Owner within ninety (90) days after the close of each Fiscal Year. In the event of the termination of this Agreement by Owner or the Contractor, the Contractor specifically agrees to turn over to Owner, or its authorized representative, at a date of such termination or withdrawal, all records, correspondence and documents pertaining to the Properties. Records required to be maintained by this section shall include, but not be limited to, all leases, complaints, expenses, repair or maintenance contracts, financial records, and an up-to-date roster of all tenants currently occupying the Properties along with current contact information for each.

IV. Bonds and Insurance
A. Fidelity Bond. The Contractor shall maintain a fidelity bond, or other insurance, on all officers and employees of the Contractor who collect or have custody of or access to Gross Park Revenues, the Operation and Maintenance Fund or any other revenues, moneys, income or deposits related to operation of the Properties. Such fidelity bond shall be in an amount equal to $500,000. Owner shall be designated as loss payees on any such fidelity bond or insurance policy.

B. Maintenance of Errors and Omissions Insurance. The Contractor 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

01171.0013/837056.2 9
must be before the effective date of this agreement and Contractor agrees to maintain continuous coverage through a period no less than six (6) months after completion of the services required by this agreement.

C. Maintenance of Workers’ Compensation Insurance. The Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to the Owner, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the Owner, its officers, Contractors, employees and volunteers.

D. General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

E. Additional insured status. General liability policies shall provide or be endorsed to provide that Owner and its officers, officials, employees, Contractors, and volunteers shall be additional insureds under such policies.

This provision shall also apply to any excess/umbrella liability policies.

F. Crime Insurance. Contractor shall maintain commercial crime insurance which shall be written on a “loss sustained form” or “discovery form” with limits of not less than $1,000,000 per occurrence for Employee Dishonesty, Fraud, Depositor Forgery, Money Orders & Counterfeit money, Fraudulent Fund Transfers, and Theft by Electronic Means. Said policy shall also include coverage for Money & Securities – On and Off Premises – including transportation by messenger, Fraudulent Instruction, Robbery and Burglary with limits of not less than $1,000,000 per occurrence. Owner, its officers, employees, and Contractors shall be named as Loss Payees. If the policy is written on a “discovery form,” it must include an extended reporting period of not less than six (6) months.

G. Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than 1,000,000 combined single limits for each accident.

H. Cyber Security & Privacy Liability Insurance. Contractor shall procure and maintain Cyber Security and Privacy Liability insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 aggregate which shall include the following coverage:

01171.0013/837056.2 10

1. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information.

2. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks.

3. Liability arising from the failure to render professional services.

I. If coverage is maintained on a claims-made basis, Contractor shall maintain such coverage for an additional period of six (6) months following termination of the contract.

J. Contractor shall be responsible for cost of all bonds and insurance listed in Section IV, subsections C, D, and G. All remaining bonds and insurance costs shall be either waived by Owner or be the Owner’s responsibility. The Cost of any such additional insurance will be based on either the payroll or the income associated with the Properties and will be billed on a monthly basis with the Management Fee.

V. Indemnification
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless Owner and any and all of its officials, employees, officially sanctioned volunteers and Contractors (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Contractor, its officers, Contractors, employees or subconsultants (or any agency or individual that Contractor shall bear the legal liability thereof) in the performance of services under this agreement. Contractor’s duty to indemnify and hold harmless Owner shall not extend to the Owner’s sole or active negligence.

The Contractor shall notify Owner and its insurers in writing as soon as possible after notice of any injury or claim is received, and the Contractor taking no actions which will operate to bar Owner from obtaining any protection afforded by any policies of insurance it may hold or which tend to prejudice the defense in any such legal proceedings, or otherwise prevent Owner from protecting itself against any such claim, demand or legal proceeding. It is understood that Owner shall have the sole and exclusive right to conduct the defense of any such claim, demand or legal proceeding.

In the event the Owner, its officers, employees, Contractors and/or officially sanctioned volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this agreement, and upon demand by Owner, Contractor shall defend the Owner at Contractor’s cost or at Owner’s option, to reimburse Owner 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 Contractor’s negligent

01171.0013/837056.2 11
acts, errors or omissions. Payment by Owner is not a condition precedent to enforcement of this provision. In the event of any dispute between Contractor and Owner, as to whether liability arises from the sole or active negligence of the Owner or its officers, employees, or Contractors, Contractor will be obligated to pay for Owner’s defense until such time as a final judgment has been entered adjudicating the Owner as solely or actively negligent. Contractor 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.

VI. Term of Agreement
A. Term. The term of this Agreement for Management Services shall commence on _August 1, 2026 and shall end on _August 1, 2031. The Agreement may thereafter be extended for a period not to exceed an additional five (5) years upon the written agreement of both parties and after Owner’s evaluation of Contractor’s performance during the initial term.

B. Termination by Owner. Owner shall have the right to terminate this Agreement with or without cause, at any time upon one hundred eighty (180) days prior written notice to the Contractor.

C. Termination by Contractor. The Contractor shall have the right to terminate this Agreement, with or without cause, at any time upon one hundred eighty (180) days’ prior written notice to Owner.

D. Hardship Extension. In the case of hardship due to Contractor’s termination of the Agreement and upon written request by the Owner, the Contractor will consider and not unreasonably withhold consideration of an extension to the notice provided in Section VI.C of up to an additional one hundred eighty (180) days to facilitate a smooth transition.

VII. Compensation
The Contractor shall be paid, as a monthly Operation and Maintenance Expense, a monthly Management Fee in the amount $ 7,200 per month for the Park and $five percent (5%) of gross revenue per month for the Apartments. For the purpose of this section, Gross Revenue shall mean total revenue collected from leases and month-to-month tenancies of Properties minus any credits provided by Owner to such Properties.

VIII. Adoption of Annual Budgets
Not later than May 1 in each Fiscal Year during the term of this Agreement, the Contractor shall develop, prepare, and propose with Owner a proposed annual and multiyear operating budget and capital improvement plan for each of the Properties reflecting the details required by the Owner to ensure oversight of activities for the Properties. The capital improvement plan will be supported by a periodic condition assessment of the Properties and will project the annual projects, cost estimates, and timing of capital improvements over a 5-and-10 year period. Not later than July 1 in each year

01171.0013/837056.2 12
during the term of this Agreement and subject to overall appropriation by the Owner, Owner shall approve a Budget for each Property.

IX. Payment of Operation and Maintenance Expenses; the Operation and Maintenance Funds
A. Owner and the Contractor hereby agree to maintain a separate trust account for each Property to be designated the “Charter Oak Operation and Maintenance Fund” and the “Monte Vista Operation and Maintenance Fund” to be held in the name of Owner. Contractor may use a financial institution of its choosing, subject to approval by Owner. The Contractor shall have the right to sign checks on and withdraw money from each Operation and Maintenance Fund for the purpose of paying Park or Apartment Operation and Maintenance Expenses authorized by this Agreement.

B. Contractor shall deposit all revenues from the Properties into the appropriate Operating and Maintenance Fund account.

C. Contractor may withdraw from the appropriate Operating and Maintenance Fund Account to pay any utilities, contractors or other expenses authorized by this Agreement, including the management fee for each Property.

D. In the event that any item of expense is incurred which is not included in the Park or Apartment budget, the Contractor shall promptly notify Owner of such fact, and shall provide Owner with such additional information relating to such item as Owner may request.

E. On or before the fifteenth (15th) day of each month, Owner shall transfer by wire all remaining net operating revenues minus one month’s projected expenses for the preceding month to U.S. Bank National Association as Trustee as provided in the Indenture of Trust by and between the San Dimas Housing Authority and U.S. Bank National Association for the Refunding Bond Series 2020A entered on October 1, 2020. Owner shall separately provide account and transfer information.

X. Events of Default; Remedies
A. Monetary Defaults. In the event that the Contractor shall fail to observe and perform any covenant, condition or agreement on its part required to be observed or performed by this Agreement with respect to payment, collection and/or deposit of moneys (including but not limited to, the maintenance of all insurance policies required hereunder, collection of revenues, transfer of revenues, and payment of Park or Apartment Operation and Maintenance Expenses), and such failure shall continue for a period of five (5) days after Owner gives written notice to the Contractor of such default (unless the Owner shall agree in writing to an extension of such period prior to its expiration), then Owner may terminate this Agreement for Management Services and replace the Contractor.

B. Non-monetary Defaults. In the event that the Contractor shall fail to observe and

01171.0013/837056.2 13
perform any covenant, condition or agreement on its part required to be observed or performed by this Agreement for Management Services (other than those monetary defaults specified in paragraph (a) of this Section), and such failure shall continue for a period of thirty (30) days after Owner gives written notice to the Contractor of such default (unless the Owner shall agree in writing to an extension of such time prior to its expiration), then Owner may terminate this Agreement and replace the Contractor.

C. Additional Remedy. If Contractor has been found to be in breach of the Agreement for Management Services by a court and ordered to pay resulting damages or costs to the City, then City may deduct such an amount from any payments owed to Contractor under the management contract or seek other remedy as allowed by law.

XI. Assignment; Third Party Beneficiaries
A. This Agreement, and the rights hereunder shall not be assignable by either party without the written consent of the other party.

B. Nothing in this Agreement shall be read or construed so as to grant a third-partybeneficiary interest herein to any party.

XII. Severability
If any Section, paragraph, sentence, clause or phrase of this Agreement shall for any reason be held illegal, invalid or unenforceable, such holding shall not affect the validity of the remaining portions of this Agreement. The parties do hereby declare that they would have entered into this Agreement and each and every other Section, paragraph, sentence, clause or phrase hereof and authorized this Agreement irrespective of the fact that any one or more Section, paragraphs, sentences, clauses, or phrases of this Agreement may be held illegal, invalid or unenforceable.

XIII. Execution in Counterparts
This Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument, and each of which shall be deemed to be an original.

XIV. Governing Law
This Agreement shall be construed and governed in accordance with the laws of the State of California.

XV. Amendment
The Contractor and Owner may amend this Agreement at any time. Such amendments shall have no effect until mutually agreed and executed in a written amendment to this Agreement.

01171.0013/837056.2 14
XVI. Conflict with Rules and Regulations
In the event any of the provisions of this Agreement conflict with any of the rules and regulations of the Park or Apartments, the provisions of this Agreement shall govern.

XVII. Conflict with State, County or City Law and Regulations In the event any of the provisions of this Agreement conflicts with any of the laws and regulations of the State of California, County of Los Angeles, or City of San Dimas, as applicable to the City of San Dimas, the provisions of the State, County, and City law and regulations shall govern.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on __________, 2026.

MANAGER:

Star Mobilehome Park Management, Mike Cirillo, President-.

Date: ________________________________
By: ________________________________
Name: Mike Cirillo___________
Address: 660 West First Street__
Tustin, CA 92780___________________
OWNER:

San Dimas Housing Authority
Date: ________________________________
By: ________________________________
Name: Brad McKinny, Executive Director
Address: 245 E. Bonita Avenue
San Dimas, CA 91773

Agenda Item Staff Report
To: Honorable Mayor and Members of the City Council
For the Meeting of July 28, 2026
From: Brad McKinney, City Manager
Prepared by: Jeff Malawy, City Attorney
Subject: Introduction of Ordinance 1339, Amending Chapters 3.28 and 3.30 of the San Dimas Municipal Code to Update and Clarify the City’s Purchasing System and Public Project Bid Protest Procedures
____________________________________________________________________________

SUMMARY
The Ordinance would amend sections in Chapter 3.28 of the San Dimas Municipal Code to add a request for proposals process for purchases of supplies, services, personal property and equipment, and clarify existing provisions that exempt professional services contracts from bidding procedures, so that factors other than the lowest price can be considered in awarding such contracts. The Ordinance would also amend Section 3.30.090 to clarify and specify bid protest procedures for public projects.

RECOMMENDATION
Staff recommends that the City Council:
• Introduce for first reading, read by title only and waive the full reading of Ordinance 1339.

GOVERNMENT CODE §84308 APPLIES:
https://leginfo.legislature.ca.gov
No

FISCAL IMPACT
There is no anticipated direct fiscal impact from this Ordinance. This Ordinance is intended to streamline and clarify the City’s procedures for the purchase of goods, services, and equipment under Chapter 3.28 of the San Dimas Municipal Code and for public project contracting under Chapter 3.30.

Ordinance 1339, Purchasing Ordinance Updates and ClarificationsPage 2 For the Meeting of July 28, 2026

BACKGROUND
San Dimas Municipal Code (“SDMC”) Chapter 3.28 specifies the procedures for the purchase of goods, services and equipment. This chapter authorizes the not-to-exceed contracting authority for City staff and establishes the procedures for the City soliciting bids for the purchase of goods, services, and equipment that are not public works construction projects.

SDMC Chapter 3.30 specifies the contracting procedures for City public works construction projects (i.e. projects that meet the definition of a “public project” in the SDMC). Public projects include the construction, renovation, improvement, demolition, and repair work involving any City-owned, leased, or operated facility, as well as the painting of a City-owned facility. The contracting procedures for public projects are more strictly regulated under state law than projects that do not meet this definition.

The City has elected to be subject to Uniform Public Construction Cost Accounting Act (the “UPCCA”, Public Contract Code Section 22000 et seq.) and the contracting procedures for public projects set forth in that state law. Electing to become subject to the UPCCA allows the City to perform work using internal City resources valued at up to $75,000 and to informally bid projects up to $220,000. For public projects valued above the amount of $220,000, the City must follow the formal bidding procedures, which are described in Section 3.30.060 of the SDMC. The dollar amounts referenced in the UPCCA are periodically updated in state law and are incorporated into the SDMC such that the updates are automatically captured.

DISCUSSION/ANALYSIS
The draft Ordinance being presented for the City Council’s consideration is the result of City staff’s evaluation of how the City’s purchasing procedures could be made more efficient for the City’s practical needs on a day-to-day basis. If adopted, updates would be made to Chapters

3.28 and Chapter 3.30.

With respect to Chapter 3.28, the proposed Ordinance would make the following changes:
• In several sections, “professional services” is deleted, with the intent of clarifying that professional services are exempt from bidding and not required to have a public bid/ proposal opening.
• Adds a request for proposals (“RFP”) process (and defines that phrase) to allow the City to purchase goods, supplies, equipment, and non-professional services by RFP and not be required to award the contract to the lowest responsible bidder. • Adds a new SDMC section 3.28.120(F)) to clarify that there is a carve out from competitive bidding “[w]hen supplies, materials, equipment, or services have been uniformly adopted or otherwise standardized, or when an item is designated to match others in use by the city.” With respect to Chapter 3.30, which pertains to the contracting procedures for public projects, the following key changes are reflected in the draft Ordinance:
• Clarifies and better specifies the grounds for a bid protest and the deadline for an interested party to submit a bid protest.
• Updates language in SDMC section 3.30.090 to reflect current UPCCA dollar amounts for deciding bid protests. Currently, the amounts stated in the SDMC are based on UPCCA dollar amounts in effect prior to 2025. Under the proposed Ordinance, for projects valued at

Ordinance 1339, Purchasing Ordinance Updates and ClarificationsPage 3 For the Meeting of July 28, 2026
$220,000 or less, the city manager will be the final decision maker on any bid protest. For projects valued at more than $220,000, the city manager’s decision may be appealed to the City Council.

ALTERNATIVES

1. Recommend changes to the draft Ordinance.

2. Not adopt the draft Ordinance.

ENVIRONMENTAL REVIEW
The draft Ordinance is not an activity that would result in a direct or reasonably foreseeable indirect physical change in the environment, and is not a project as defined in Section 15378 of the CEQA Guidelines. Therefore, the draft Ordinance is not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(2)-(3).

Respectfully submitted,
Jeff Malawy, City Attorney
Attachments:

1. Ordinance 1339

ATTACHMENT 1
ORDINANCE 1339

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS

ANGELES, CALIFORNIA, APPROVING ADMINISTRATIVE SERVICES MUNICIPAL CODE TEXT AMENDMENT 2026-01, WHICH AMENDS SECTIONS 3.28.020, 3.28.100, 3.28.110,

3.28.120, AND 3.30.090 OF THE SAN DIMAS MUNICIPAL CODE TO MAKE UPDATES AND CLARIFICATIONS TO THE CITY’S PURCHASING SYSTEM AND PUBLIC PROJECT BID

PROTEST PROCEDURES
WHEREAS, San Dimas Municipal Code Chapter 3.28 sets forth the City’s policies and procedures for the purchase of goods, services, and equipment; and WHEREAS, the City Council of the City now desires to amend Chapter 3.28 to add a request for proposals process for purchases of supplies, services, personal property and equipment, where the city manager has determined that a request for proposals will best meet the purpose and goals of Chapter 3.28; and
WHEREAS, San Dimas Municipal Code Chapter 3.30 sets forth the bid procedures for public projects; and
WHEREAS, the City Council of the City now desires to amend Section 3.30.090 to specify and clarify bid protest procedures for public projects.

NOW, THEREFORE, the CITY COUNCIL of the CITY OF SAN DIMAS, California, does ordain as follows:

SECTION 1. ADOPTION. Administrative Services Municipal Code Text Amendment 2026-01 amending Chapters 3.28 and 3.30 of the San Dimas Municipal Code as set forth in Exhibit A, attached hereto and incorporated herein, is hereby adopted.

SECTION 2. SEVERABILITY If any section, subsection, subdivisions, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court or competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.

SECTION 3. CEQA DETERMINATION. The City Council hereby finds and determines that it can be seen with certainty that there is no possibility that this Ordinance may have a significant effect on the environment. Thus, the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

SECTION 4. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take effect 30 days after its final passage. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within 15 days after passage and adoption as may be required by law in a newspaper of general circulation in the City of San Dimas hereby designated for that purpose; or, in the alternative, the City Clerk may cause to be published a summary of the Ordinance and certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of

Ordinance 1339 Page 2
Administrative Services Municipal Code Text Amendment 2026-01 adoption of this Ordinance; and, within 15 days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Dimas this 11th day of August, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Emmett G. Badar, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Debra Black, City Clerk Jeff Malawy, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )§

CITY OF SAN DIMAS )
I, DEBRA BLACK, CITY CLERK of the City of San Dimas, do hereby certify that the foregoing is a full, true and correct copy of Ordinance 1339. It has been published pursuant to law; was introduced at a regular meeting of said City Council held on the 28th day of July 2026, and thereafter passed, approved and adopted at a regular meeting of said City Council held on the 11th day of August, 2026. It has been published and posted pursuant to law. ___________________________
Debra Black, City Clerk

Ordinance 1339 Page 3
Administrative Services Municipal Code Text Amendment 2026-01

EXHIBIT A
• New text changes are in Blue Underlined
• Deleted text is in Red and Strikethrough
• .... indicates there is text before and/ or after the proposed amended text that will not be modified
Section 1. Section 3.28.020 of the San Dimas Municipal Code is hereby amended to add the following definition, in alphabetical order:
“"Request for proposals" means an invitation for providers of services or work to solicit the right to supply services or work to the city, when any award is to be made to the proposer providing the best value in meeting the interest of the city and the objectives of the project, based on criteria such as benefit to the city, qualifications, experience, and demonstrated ability.” Section 2. Section 3.28.100 of the San Dimas Municipal Code is hereby amended as follows:
§ 3.28.100 Informal bid procedures for purchases of supplies, services, professional services, personal property and equipment less than fifty thousand dollars.

For purchases of supplies, services, professional services, personal property and equipment in an amount less than fifty thousand dollars, the purchasing officer shall use the following procedures:
….

Section 3. Section 3.28.110 of the San Dimas Municipal Code is hereby amended as follows:
§ 3.28.110 Formal bid procedures for purchases of supplies, services, professional services, personal property and equipment for fifty thousand dollars or more.

Purchases of supplies, services, professional services, personal property and equipment with an estimated value of fifty thousand dollars or more shall be made as follows:
….

Section 4. Section 3.28.120 of the San Dimas Municipal Code is hereby amended as follows:
§ 3.28.120 Exceptions to competitive bidding requirements.

Notwithstanding any provision of this chapter to the contrary, the competitive bidding procedures and requirements of this chapter may be dispensed with in any of the following instances:
….

F. Standardization. When supplies, materials, equipment, or services have been uniformly adopted or otherwise standardized, or when an item is designated to match others in use by the city, the competitive bidding procedures and requirements of this chapter are not required.

Justifications for standardizations shall be recorded and maintained as a public record.

Ordinance 1339 Page 4
Administrative Services Municipal Code Text Amendment 2026-01 F. G. Professional Services. Agreements for professional services may be executed without observing the bidding procedures provided in this chapter. if the city manager determines that an informal or formal competitive process is unnecessary because a professional services provider is the best provider for a particular agreement based on some or all of these factors:
demonstrated competence; qualifications for the types of services to be performed; experience; knowledge of the city due to a long-standing relationship; reasonableness of cost to perform work; or other similar relevant criteria.
(Ord. 1270 § 2, 2019)
H. Request for Proposals. When the purchasing officer, or person with signature authority under section 3.28.060, determines that a request for proposals will best meet the purpose and goals of this chapter in light of the particular needs of the project, the city may solicit requests for proposals pursuant to this subsection.

1. The city shall request written proposals from qualified potential contractors on the bidders list, or by such other means which, in the discretion of the purchasing officer, provide notice of the potential project to a reasonable number of potential contractors.

2. The request for proposals shall describe the services or work to be procured, the format which proposals shall follow, the elements proposals shall contain, and other appropriate requirements as determined in the discretion of the purchasing officer. The request for proposals shall identify all significant evaluation criteria and the procedures to be used for evaluation and selection for negotiation and/or contract award.

3. The city may, at any time, waive or modify any element of the request for proposals and/or any evaluation criterion.

4. The city may enter into a contract with any or all potential contractors whose demonstrated competence and qualifications meet the city’s project needs, and the terms of the contract meet the purpose and goals of this chapter. The city may, in its discretion, negotiate contract terms with any or all potential contractors whose qualifications meet the city’s project needs. Alternatively, the city may, in its discretion, make a selection without negotiation, solely on the basis of the written submittals.

5. The city may, in its discretion, reject any and all proposals.

Section 5. Section 3.30.090 of the San Dimas Municipal Code is hereby amended as follows:
§ 3.30.090 Bid protests.

Any interested party may file a protest regarding the procurement decisions authorized under this chapter.

A. Ability to File Protest. Notice of Decision. An interested party may file a protest regarding After a decision regarding a public project procurement competitively solicited under this Chapter only on the following grounds:

Ordinance 1339 Page 5
Administrative Services Municipal Code Text Amendment 2026-01

1. The bid specification or addenda thereto issued by the city contains a significant defect, error or omission.

2. A bid submitted by another party is either non-responsive or non-responsible.

3. The rejection of the party’s own bid by the city on grounds that the bid was nonresponsive or non-responsible. In the event the city rejects a bid on grounds that it was non-responsive or non-responsible, the city will provide written notice to said bidder of the reason for the rejection of the bid and facts supporting such decision.
having a value over sixty thousand dollars has been made, the department head or designee shall notify all persons who submitted a response to a city solicitation of intended award. If a bidder is rejected because the bid is found non-responsive or because the bidder is deemed not-responsible, the city will give written notice to said bidder of evidence reflecting such decision.

B. Time to File Protest. All protests must be filed in writing with and received by the department head within the following timeframes: five business days following the bid opening.

1. For protests filed pursuant to subsection A.1 of this section, within three business days of the issuance of the bid specification or addenda thereto which is the subject of the protest.

2. For protests filed pursuant to subsection A.2 of this section, within five business days of the date of the opening of the bid that is the subject of the protest.

3. For protests filed pursuant to subsection A.3 of this section, within five business days of the written notice issued by the city informing the bidder of the reason for the rejection of the bid.

C. Form of Protest. All protests shall be in writing, state the grounds for the protest, state the facts relevant to the protest, and include all evidentiary support relevant to the protest. rebut adverse evidence that it or another bidder was either non-responsive or not responsible.

D. City Manager Review. The city manager or designee shall review the protest and issue a written decision on the protest. Subject to subsection E below, tThe city manager or designee may base the decision on the written protest alone or may informally gather evidence from the person(s) filing the protest or any other person having relevant information. For procurements having a value of two hundred twenty thousand dollars (or the current amount as specified in Article 3, Chapter 2 of Part 3 of Division 2, Section 22032(c) of the Public Contract Code) or less, the city manager's or designee's decision shall be final.

E. Hearing on Protest. If the basis for the protest is that the a bid was rejected on the grounds that the bidder was not a responsible bidder, the protesting party must submit materials set forth in subsection C above for consideration. aAn opportunity to be heard will be set within a reasonable time to provide a decision before final approval of the selected low bid. For procurements having a value of two hundred twenty thousand dollars (or the current amount as specified in Article 3, Chapter 2 of Part 3 of Division 2, Section 22032(c) of the Public Contract Code) or less, the city manager's or designee's decision shall be final. No hearing shall be

Ordinance 1339 Page 6
Administrative Services Municipal Code Text Amendment 2026-01 required for protests based on grounds other than that the bid was rejected on the grounds that the bidder was not a responsible bidder.

F. Appeal of City Manager's Decision to City Council. For procurements having a value exceeding two hundred twenty thousand dollars (or the current amount as specified in Article 3, Chapter 2 of Part 3 of Division 2, Section 22032(c) of the Public Contract Code), an appeal of the city manager's or designee’s decision may be appealed to filed with the city council. All such appeals must be in writing, and shall be filed with the city clerk within five business days from the date of the city manager's decision.

G. Failure to Timely Appeal. An interested party who fails to file a protest within the times set forth in this section waives any right to protest the issue further. No appeal to either the city manager or city council of any decision to award a bid under may occur once the time to file a protest has expired. contract has been awarded.

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of July 28, 2026
From: Brad McKinney, City Manager
Prepared by: Debra Black, City Clerk
Subject: Support for Assembly Bill 1821 (Pacheco) California Public Records Act:

Agency Response Time
____________________________________________________________________________

SUMMARY
AB 1821 provides a practical modification to the California Public Records Act by changing the statutory response period from calendar days to business days. The amendment recognizes the operational realities faced by local agencies while preserving the public's right to timely access government records. Adoption of a support position would be consistent with the City's interest in maintaining transparent government while ensuring Public Records Act requests are processed accurately, efficiently, and in compliance with applicable law.

RECOMMENDATION
City Staff recommends that the City Council:
• Adopt a position in support of Assembly Bill (AB) 1821 (Pacheco), authorize the City Clerk to sign a letter of support on behalf of the City, and transmit the letter to the bill's author and appropriate legislative representatives.

GOVERNMENT CODE §84308 APPLIES:
https://leginfo.legislature.ca.gov
No

FISCAL IMPACT
There is no direct fiscal impact associated with supporting AB 1821. If enacted, the bill may provide modest administrative efficiencies by allowing staff additional working days to process complex Public Records Act requests, potentially reducing overtime, legal review costs, and administrative burdens associated with meeting statutory deadlines.

Support for Assembly Bill 1821 (Pacheco) California Public Records Act: Agency Response Time Page 2
For the Meeting of July 28, 2026

BACKGROUND
The California Public Records Act (CPRA), Government Code Sections 7920.000 et seq., establishes the public's right to inspect or obtain copies of public records maintained by state and local agencies. Under existing law, agencies are required to determine within 10 calendar days whether a request seeks disclosable public records in the agency's possession. Under unusual circumstances, agencies may extend that determination period by an additional 14 calendar days.

AB 1821, authored by Assemblymember Blanca Pacheco, proposes to amend the CPRA by changing these statutory response periods from calendar days to business days, providing agencies with additional time to complete the required determination while preserving the public's constitutional right to access government records. The bill has been amended during the legislative process and now focuses primarily on agency response timelines.

DISCUSSION/ANALYSIS
The City of San Dimas processes numerous California Public Records Act requests each year.

While many requests are straightforward, increasingly complex requests often require coordination among multiple departments, review by legal counsel, retrieval of archived electronic records, and redaction of confidential or exempt information.

The existing statutory requirement of 10 calendar days frequently results in response periods that include weekends and holidays when City offices are closed, effectively reducing the amount of working time available for staff to conduct thorough searches and legal review.

Changing the response period from calendar days to business days would:
• Provide agencies with the full equivalent of ten working days to evaluate requests; • Improve the accuracy and completeness of agency determinations; • Allow additional time to coordinate searches among multiple departments; • Reduce the likelihood of inadvertent disclosure of exempt or confidential information; • Better align statutory deadlines with normal government operating schedules; and • Improve consistency in responding to increasingly complex electronic records requests.

Importantly, AB 1821 does not change the public's right to inspect public records or eliminate an agency's obligation to respond promptly. Rather, it modifies the timeline used to make the initial statutory determination regarding responsive records.

IMPACT TO THE CITY OF SAN DIMAS
As a small municipality with limited staffing resources, the City Clerk's Office coordinates virtually every California Public Records Act request received by the City. Complex requests often require assistance from multiple departments, Information Technology staff, outside legal counsel, and third-party vendors responsible for electronic record storage and retrieval.

Providing agencies with business-day response periods would improve administrative efficiency, reduce unnecessary deadline pressures created by weekends and holidays, and allow staff to provide more accurate and legally compliant responses while continuing to fulfill the City's commitment to transparency and open government.

The proposed amendment recognizes the operational realities faced by local agencies without limiting the public's constitutional right to access government records.

Support for Assembly Bill 1821 (Pacheco) California Public Records Act: Agency Response Time Page 3
For the Meeting of July 28, 2026

ALTERNATIVES
• Adopt a neutral position on the legislation.
• Oppose AB 1821.
• Provide other direction to staff.

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,
Debra Black
City Clerk
Attachments:

1. Assembly Bill 1821 Summary

2. Letter of Support

SUMMARY OF ASSEMBLY BILL 1821
Assembly Bill 1821 proposes amendments to the California Public Records Act (CPRA) intended to address the increasing administrative burden placed on public agencies by large and complex public records requests.

The bill would authorize state and local agencies to charge requesters a reasonable fee for staff time associated with searching for, reviewing, and preparing records when requests exceed specified thresholds. Specifically, fees could be assessed when a request requires more than two hours of staff time to process or when a requester exceeds ten hours of cumulative staff time in a calendar month. Certain requesters, including members of the news media and qualifying educational and scientific institutions, would be exempt from these fees.

AB 1821 would also require public agencies to establish designated methods for submitting public records requests, including an official email address and physical location for receipt of requests.

Additionally, the bill would revise certain CPRA response timelines by changing the calculation of response periods from calendar days to business days. Under current law, agencies generally have 10 calendar days to determine whether requested records are disclosable and to notify the requester of that determination. AB 1821 would modify these provisions to measure applicable response periods using business days, which could provide agencies with additional time to process requests while accounting for weekends and holidays.

According to the author, the bill is intended to modernize CPRA administration, provide relief to local agencies facing increasing records request workloads, and establish more consistent procedures for processing requests.

If enacted, AB 1821 could provide the City of San Dimas with additional flexibility and cost recovery mechanisms for responding to extensive public records requests. However, the bill may also raise concerns regarding public access to records, transparency, and the potential impact of fees and extended response periods on requesters.

Extended Response Times. By changing statutory response periods from calendar days to business days, the bill could increase the amount of time requesters wait for agency determinations and access to public records, potentially reducing the timeliness of government transparency.

AB 1821 would amend the California Public Records Act to allow public agencies to recover certain costs associated with extensive public records requests, establish designated request submission procedures, and modify agency response requirements.

ATTACHMENT 1

Pros (Local Government Perspective)

1. Reduces Staff Burden from Large Requests
Cities often spend significant staff time searching email archives, text messages, and electronic records. AB 1821 would allow recovery of some costs associated with unusually burdensome requests.

2. Helps Smaller Agencies
Smaller cities and special districts with limited staffing may benefit from being able to recoup costs when responding to extensive requests.

3. Encourages More Focused Requests
Potential fees may incentivize requesters to narrow overly broad requests, reducing processing time and improving efficiency.

4. Creates Clear Submission Procedures
Requiring designated submission channels may improve tracking, consistency, and response management.

Cons (Transparency Perspective)

1. Creates Financial Barriers to Public Access
Transparency advocates argue that charging for search and review time could discourage residents from exercising their constitutional right to access government records.

2. "Reasonable Fee" Is Not Clearly Defined
The bill leaves substantial discretion to agencies in calculating fees, creating concerns about inconsistent application across jurisdictions.

3. Could Lead to More Disputes and Litigation
Requesters may challenge whether fees are justified, whether search-time estimates are accurate, or whether exemptions were properly applied.

4. Unequal Treatment of Requesters
The bill exempts journalists and certain institutions while potentially charging residents, community groups, and businesses for similar requests, which some critics view as inequitable.

5. Potential Chilling Effect on Oversight
Government watchdogs argue that public-records requests are a key accountability tool and that additional costs could reduce scrutiny of government operations.

Director of Administrative
Services
Michael O’Brien
Director of Community
Development
Luis Torrico
Director of Parks and
Recreation
Scott Wasserman
Director of Public Works
Shari Garwick
245 East Bonita Avenue ∙ San Dimas ∙ California 91773-3002 ∙ (909) 394-6200 ∙ Fax (909) 394-6209  sandimasca.gov City Council
Emmett G. Badar, Mayor
Eric Weber, Mayor Pro Tem - District 1
Rachel Bratakos – District 3
Eric Nakano – District 2
Ryan A. Vienna – District 4
City Manager
Brad McKinney
Assistant City Manager
Travis Sais
City Attorney
Jeff Malawy
ATTACHMENT 2
July 28 2026,
The Honorable Blanca Pacheco
California State Assembly
1021 O Street, 4510
Sacramento, CA 95814
Re: Assembly Bill 1821 — California Public Records Act: Methods of Submission, Fees, and Agency Response Time — SUPPORT (As Amended June 10, 2026) Dear Assemblymember Pacheco:

On behalf of the City of San Dimas, I write in support of Assembly Bill 1821, which would make several important updates to the California Public Records Act, including preserving the clarification that certain agency response periods are calculated in business days rather than calendar days. As amended June 10, 2026, the bill also addresses designated methods for submitting public records requests and limited fee authority for commercial use requests and requests determined by a court to have been submitted with malicious intent.

Public agencies are committed to transparency and providing timely access to public records. At the same time, the volume, complexity, and format of public records have changed significantly.

Requests now routinely involve large volumes of email, text messages, electronic files, audio and video recordings, body-worn camera footage, and other digital records that must be searched, reviewed, and, when legally required, redacted before release. This work often requires coordination among multiple departments, information technology staff, legal counsel, and records personnel.

Current law requires an agency to make its initial determination within 10 calendar days, with a possible 14-calendar-day extension under unusual circumstances. Because those timeframes include weekends and holidays, agencies may not receive the full number of working days needed to conduct a careful and legally compliant review. AB 1821 would provide

Support for Assembly Bill 1821 2
July 28th, 2026
245 East Bonita Avenue ∙ San Dimas ∙ California 91773-3002 ∙ (909) 394-6200 ∙ Fax (909) 394-6209  sandimasca.gov a more practical and consistent framework by changing those periods to 10 business days and 14 business days. This important change remains in the bill as amended June 10, 2026.

The June 10 amendments also recognize the importance of clear intake procedures for public records requests. AB 1821 would require agencies to designate a physical office location and specified email address for submission of requests, while allowing agencies to identify other reasonable submission methods, such as a mailing address or online portal. This would help provide clarity to both requesters and agencies, reduce confusion about whether a request has been properly submitted, and support timely processing through established public-facing channels.

This adjustment is especially important for local agencies where staffing is limited and public records responsibilities are often carried out by employees who also support public meetings, elections, boards and commissions, agenda management, contract routing, records management, and other core services. A business-day standard would not reduce an agency’s obligation to respond to records requests or make disclosable records available. Rather, it would help ensure that agencies have a reasonable opportunity to identify responsive records, determine whether exemptions apply, protect confidential or legally protected information, and provide accurate responses.

For the City of San Dimas, public records requests have become more complex and require more interdepartmental coordination in recent years. Many requests require review of emails, text messages, video footage, police records, contracts, personnel-related records, or other examples.

Even when staff work diligently, weekends and holidays can materially reduce the actual time available to complete the required review. AB 1821 would provide a more realistic timeline while preserving the public’s right to access disclosable public records.

California’s local agency clerks, records managers, and other public records professionals see firsthand how important it is to balance prompt public access with careful legal compliance. AB 1821 supports that balance. It recognizes that public records work is not simply a matter of locating a document; it frequently requires thoughtful review to protect privacy, privileged communications, confidential information, and other records exempt from disclosure under state or federal law.

Support for Assembly Bill 1821 3
July 28th, 2026
245 East Bonita Avenue ∙ San Dimas ∙ California 91773-3002 ∙ (909) 394-6200 ∙ Fax (909) 394-6209  sandimasca.gov For these reasons, the City of San Dimas supports AB 1821, and we thank you for your leadership on this most important issue.

Please do not hesitate to contact Debra Black, City Clerk, at [email protected] should you have any questions or wish to discuss our position.

Sincerely,
Debra Black
City Clerk
City of San Dimas
cc:

Honorable Members of the Senate Judiciary Committee
Senator Susan Rubio – 22nd District
Assemblymember John Harabedian – 41st District
California Municipal Clerks Association